Excelsior Correspondent
Srinagar, July 28: A local court has restrained a private helicopter service company from carrying out helicopter services for Machail yatra pilgrims on the land of landowner.
The court of Civil Subordinate Judge Kishtwar presided over by M A Al-Nasir in this regard issued an order in a case filed by landowner-Prethvi Raj against the Helicopter Company-Aryan Aviation Pvt Ltd directing therein to restrain itself for carrying any kind of services for Machail yatra pilgrims on the land of landowner.
The landowner in his plea contended that the Heli-company including the officials are forcibly trying to make use of his land for helipad without his consent and without paying any due in the shape of rent for annual Machail yatra.
The court after hearing the matter was convinced that the counsel for the landowner has carved out a case for preserving and protecting his rights. Court said that apart from the service-company, the State functionaries are also bent upon occupying the proprietary land of the plaintiff-applicant without providing him any kind of compensation.
“The state cannot choose between the land owner and service provider running profitable business for the company while denying the basic rights of the landowner. Therefore, the non-applicants are temporarily restrained from carrying on any kind of service into the suit property and they shall not occupy the said property either themselves or through any agency”, court directed.
Court besides passing restraint order has also issued notice to Divisional Commissioner Jammu (Chairman of Machail Yatra Management Committee), Deputy Commissioner Kishtwar (Vice Chairman Machail Yatra Management Committee) and ADC Kishtwar (Executive Officer Machail Mata Yatra Management Committee) asking them to show cause why the instant order be not made absolute on next date of hearing in the case which the court has fixed as August 1.
It is pertinent to mention here that one Prethvi Raj landowner approached the court through his counsel Advocate Sheikh Nasir Hussain and pleaded that the private helicopter service provider companies who have been allotted the contract for Machail yatra 2023 are forcibly using his land as Helipad at Machail without his consent or without paying any thing as compensation or rent.
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