The High Court of Jammu and Kashmir and Ladakh has mandated the Jammu Municipal Corporation (JMC) to conduct a thorough survey of all hotels, commercial establishments, coaching centres, and other public buildings within its jurisdiction. The directive aims to identify and address violations related to building permissions, parking, and fire safety, with a strict warning that the JMC Commissioner must appear in person if compliance is not achieved within the stipulated timeframe.
Information was available with The Chenab Times that the order stems from a 24-year-old writ petition, OWP No. 122/2002, heard by Justice Wasim Sadiq Nargal. The original petition was filed by the Administrator, Jammu Municipality, against Surat Singh and another party. During the proceedings, the respondents alleged discriminatory enforcement of municipal laws, with action being taken only against their establishment while numerous others with similar or more severe violations continued to operate unchecked.
The respondents presented evidence, obtained under the Right to Information Act, suggesting that several establishments within Jammu’s municipal limits were operating without approved building plans or essential parking facilities, yet had evaded enforcement actions. This selective application of building laws was argued to contravene the constitutional guarantee of equality under Article 14.
The High Court acknowledged that the issues raised extended beyond the immediate dispute, encompassing broader concerns about the uniform application of municipal laws, public safety, planned urban development, and adherence to statutory regulations governing construction and building usage in Jammu.
Justice Nargal observed that previous directions issued in August 2023, which required the Municipal Corporation to submit details of actions taken against individual establishments, had only resulted in a general statement that notices had been issued. The Court found this response insufficient, noting that over two years had passed since notices were first issued on May 20, 2024, without any record of consequential actions being presented to the Court.
Consequently, the Court has directed the Commissioner of the Jammu Municipal Corporation to file a comprehensive affidavit. This affidavit must detail the total number of hotels, commercial establishments, and coaching institutes within its jurisdiction, specify how many possess valid building permissions and occupancy certificates, and identify those operating without sanctioned plans, lacking mandatory parking, or without fire safety clearances. The affidavit should also outline the inspection mechanisms employed by the authorities and detail all actions already taken against violators. Furthermore, the Commissioner is required to present a time-bound action plan to ensure full compliance with municipal laws.
In addition to the affidavit, the JMC is ordered to conduct a comprehensive survey to identify all establishments operating without essential clearances, including building plans, parking facilities, and fire safety permits, or any other statutory permissions. Following this survey, fresh notices will be issued where necessary, and stringent legal proceedings, including sealing of premises, demolition of unauthorized constructions, withdrawal of permissions, closure of establishments, prosecution, and recovery of penalties, will be initiated against all defaulting entities.
The Court also emphasized the need for coordinated enforcement and directed the Commissioner to collaborate with the Director of Fire and Emergency Services, the Vice Chairman of the Jammu Development Authority, the Inspector General of Police (Traffic), and other relevant departments to ensure uniform implementation of building regulations, parking norms, and fire safety measures. The affidavit is to be filed within two weeks, with the case scheduled for further hearing on July 30, 2026.
The High Court explicitly stated that any failure to comply with these directions within the prescribed period would necessitate the personal appearance of the Jammu Municipal Corporation Commissioner before the Court on the subsequent hearing date, accompanied by all pertinent records.
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