PIL against illegal encroachment in old city by shopkeepers
DB takes serious note of violations by shopkeepers
12/04/2018
JAMMU, Apr 11: 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, Division Bench of the State High Court Comprising Acting Chief Justice Ramalingam Sudhakar and Justice Sanjeev Kumar took serious note of violations by the shopkeepers and observed that shopkeepers, who despite being challaned and fined, repeat their action over and over again and display their merchandise by extending their shops on the public roads/ streets/pathways, the JMC, in addition to invoking penal provisions, shall also proceed against the encroachers in terms of Section 232 of the Municipal Corporation Act, 2000. However, in case of repeated violations, the JMC shall proceed against such defaulters /encroachers in terms of Section 371 of the Municipal Corporation Act.
DB further observed that as is apparent from perusal of the Section 371, the Jammu Municipal Corporation is empowered to take such steps or action as may be required to enforce the compliance of its orders/notices. Inherent in such power is the power to seal the premises so as to deter the defaulters from repeating violations.
DB further observed that in these circumstances, it is directed that in case a shop owner or owners are found to be repeating the violation despite notice to refrain the Jammu Municipal Corporation shall immediately and forthwith seal the shop after giving him a notice specifying a time limit of 10 days from date of receipt to correct its violations. It is further ordered that with regard to sealing orders no court subordinate to this Court shall interfere or order de-sealing of the premises. All applications will be filed before the First Division Bench of this Court only.
DB also directs JDA will also ensure that the encroachments in and around JDA shopping complex situated at Purani Mandi, Jammu is also removed by following the procedure prescribed by law. Copy of this order shall be given to all the counsel appearing for the parties including Mr. Adarsh Sharma, Counsel for JDA for compliance. JNF
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