HC seeks fresh affidavit from JMC Commissioner on action against building-law violators

30/08/2026

JAMMU, Aug 29: The High Court of Jammu and Kashmir and Ladakh has directed the Commissioner of the Jammu Municipal Corporation (JMC) to file a fresh and comprehensive affidavit detailing the action taken or proposed against hotels, commercial establishments, coaching institutes and other buildings allegedly violating building, parking and fire-safety norms.
Justice Wasim Sadiq Nargal, while hearing a long-pending petition on August 27, expressed dissatisfaction over the affidavit filed in compliance with its earlier directions, observing that it did not adequately address the specific requirements laid down by the court on July 2.
The court directed that a better and comprehensive affidavit be filed strictly in conformity with the earlier directions, specifically indicating the steps already taken or proposed to be taken against defaulting establishments and the timeline for completing the exercise.
The matter, OWP No. 122/2002, was listed before the court in a case involving the Jammu Municipality and others and Surat Singh and another. The latest order was passed on August 27, with the matter scheduled for further hearing on September 3 as the first case in the cause list.
According to the court's earlier order, the JMC Commissioner was required to furnish comprehensive details regarding the total number of hotels, commercial establishments, coaching institutes and similarly situated buildings functioning within the corporation's jurisdiction.
The affidavit is also required to specify how many of these establishments have sanctioned building permissions and occupancy or completion certificates, as well as the number found to have undertaken construction in deviation from or without sanctioned building plans.
The court has further sought details of establishments lacking mandatory parking facilities under the applicable Building Bye-laws, Master Plan and other statutory regulations.
The Commissioner has also been directed to provide details of establishments functioning without the requisite Fire Safety Clearance or No Objection Certificate from the competent Fire and Emergency Services Department, or those having deficient fire-safety installations.
The affidavit must indicate whether periodic inspections are being conducted by the JMC and other competent authorities to ensure compliance with municipal laws, building regulations and fire-safety norms, besides explaining the mechanism adopted for such inspections.
The court has sought a complete account of action already taken against defaulting establishments, including issuance of notices, sealing, demolition, prosecution, cancellation of permissions and other coercive measures permissible under law.
It has also directed the JMC Commissioner to place on record a time-bound action plan for ensuring compliance with statutory provisions by all such establishments functioning within the corporation's jurisdiction.
As part of the exercise, the JMC was earlier directed to conduct a comprehensive survey of hotels, commercial establishments, coaching institutes and other public-serving buildings and identify those functioning without sanctioned building plans or in violation of them.
The survey is also required to identify establishments lacking mandatory parking facilities, operating without valid fire-safety clearance or having deficient fire-safety measures, and those functioning without any other mandatory statutory permission, licence or clearance.
The court had further ordered that fresh notices be issued to defaulting establishments wherever notices had not already been served, calling upon them to explain the violations and rectify deficiencies within the period prescribed under law.
Where notices had already been issued on May 20, 2024, the JMC was directed to place on record the action taken pursuant to those notices. The court made it clear that thereafter appropriate proceedings should be initiated and concluded strictly in accordance with law, without discrimination.
Such action, wherever warranted, may include sealing of premises, demolition of unauthorised constructions, withdrawal of permissions, closure of establishments, prosecution and recovery of penalties.
The High Court has also emphasised coordination among various government departments for effective enforcement. The JMC Commissioner was directed to coordinate with the Director, Fire and Emergency Services, Vice Chairman of the Jammu Development Authority, Inspector General of Police (Traffic) and other concerned departments to enforce building regulations, parking requirements and fire-safety norms.
During the latest hearing, senior counsel appearing for respondent No. 1 pointed out that the affidavit submitted by the authorities was deficient and did not comply with the specific directions contained in the July 2 order.
The court noted that the affidavit was required to be prepared in coordination with the Fire and Emergency Services, Jammu Development Authority, Traffic Police and other concerned departments, particularly with regard to the implementation timeline and action against identified violators.
In view of the submissions, the court directed the concerned law officers to also appear on the next date of hearing and apprise it of the effective implementation of its July 2 directions and the steps taken by the respective departments.
The court specifically directed that the fresh affidavit be filed before the next hearing, with an advance copy furnished to the counsel for the respondents.
The High Court also directed its Registry to forward a copy of the latest order forthwith to the Commissioner, JMC, Director, Fire and Emergency Services, Vice Chairman, Jammu Development Authority and Inspector General of Police (Traffic) for compliance.
The matter will now come up before the High Court on September 3, when the concerned authorities are expected to apprise the court of the progress made in implementing the directions and submit the required comprehensive affidavit.

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