Cabinet meet has no 'legal right' to revoke land order:Experts

By Staff
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Google Oneindia News

Jammu, Jul 6 (UNI) Two lawyers today said the cabinet meeting decision of revoking the order of transfer of land to Shri Amarnath Shrine Board was ''unconstitutional'' and ''illegal''.

''Under clause (d) Section 16 of the Shrine Board Act, only Board has powers to manage the shrine and its surroundings and the meeting of the SASB can be held in absence of the Governor,'' S S Anand Lehar, senior advocate of Supreme Court along with Ajay Sharma, Constitutional Lawyer said at a joint press conference here.

However, Mr Lehar said SASB should immediately call the meeting and take possession of the 800 Kanals of the land ''illegally'' transferred by the State government to the Tourism Department situated at Baltal in South Kashmir.

''The Board members should exclude the Governor from the incoming meetings of the SASB as he has violated the act as well as the Division Bench's Order of Hon'ble High Court, which has empowered the SASB alone to manage the Yatra as well as affairs of the Board,'' the Constitutional expert added.

Meanwhile, Mr Sharma demanded that PDP should be debarred from contesting the forthcoming elections and both PDP president Mehbooba Mufti and former Deputy Chief Minister Muzaffar Hussain Beigh should be arrested for ''waging war against India.'' ''We request the President of India to give directions to the Governor under Article 352 of the Constitution of India to act in accordance with the law and nullify the recent cabinet decision by virtue of which land has been transferred to the J &K Tourism Department,'' the senior advocate said.

UNI VBH RJ RP RN1519

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