PIL against illegal encroachment in old city by shopkeepers

DB directs JMC Commissioner to file affidavit

02/10/2017

JAMMU, Oct 1: In a Public Interest Litigation filed by Jagidsh Chander Gupta to highlight the illegal encroachments by the shopkeepers and other unknown persons in the JDA Shopping Complex, Mohalla Old Hospital Road, Near City Chowk, Jammu and also in the area adjoining the same.
A Division Bench of State High Court Comprising Justice Dhiraj Singh Thakur and Justice Sanjeev Kumar after hearing Adv Ajay Sharma for the PIL issued notice to Secretary H&UDD, DGP J&K, VC JDA, Deputy Commissioner Jammu, IGP Jammu, SSP Jammu, SSP Traffic and SHO City Police Station returnable within two weeks.
During the course of hearing Adv Ajay Sharma submitted that due to illegal encroachments by the shopkeepers in area is one of the oldest/busiest commercial areas of Jammu where there are numerous shops as well as Khokhas but the shopkeepers have made encroachments by encroaching the land of the road by raising verandahs and because of these additions /encroachments it has become very difficult for the pedestrians to walk on the road as the numerous representations/ complaints made by the petitioner since 1993 has failed to evoke any response by the District Administration/ JDA/ JMC and finally the petitioner has decided to take up this issue vigorously by approaching this Court so that a time bound action may be initiated in the matter.
The petitioner also served a detailed representation dated 10-8-2017 upon the respondents herein requiring them to ensure the immediate removal of the illegal encroachments by the shopkeepers and other unknown persons in the JDA Shopping Complex, Mohalla Old Hospital Road, Near City Chowk, Jammu and also in the area adjoining the same in the interest of the general public at large and also requesting the respondents to remove the illegal Rehris and also the additions made by the shopkeepers as the said encroachments are virtually affecting the rights of the general public who are residing in the adjoining localities and also visit the area for shopping purposes.
Division Bench after hearing Adv Ajay Sharma in length, directed mmissioner, Jammu Municipal Corporation, Jammu shall file a detailed affidavit reflecting number of licenses issued in terms of the Rules by the Municipal Corporation in favour of the Rehariwalas operating in the City Chowk to Central Basic School, Purani Mandi, Jammu.
The requisite details be reflected in the affidavit. Action with regard to the removal of illegal Reharies operating in the area, which is leading to unnecessary harassment to the pedestrian and also affect the smooth flow of traffic in the area shall also be taken. He shall also submit the action taken report with regard to the removal of encroachment by the shopkeepers and others in the area. Let the needful be done within two weeks from today. JNF

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