Division Bench directs JMC, JDA to act strictly; Security cover must for anti-encroachment drives
Jammu: In a significant step toward restoring public spaces in Jammu city, the Division Bench of the Jammu & Kashmir and Ladakh High Court, comprising Chief Justice Arun Palli and Justice Rajesh Oswal, has issued comprehensive directions for the removal of encroachments from roads, footpaths, and public areas.
The order came while disposing of a Public Interest Litigation (PIL), where the Court expressed serious concern over unchecked encroachments by shopkeepers, vendors, and food joints, which it noted were obstructing pedestrian and vehicular movement.
The Court directed the Jammu Municipal Corporation (JMC) to conduct fortnightly anti-encroachment drives, ensuring that no part of any street, road, pathway, or nullah is occupied illegally. Temporary or permanent encroachments by commercial establishments are to be removed without exception, and JMC has been asked to educate shopkeepers about the legal consequences of such actions.
Notably, the Court empowered JMC to take stringent penal action under Sections 232 and 371 of the Municipal Corporation Act against habitual violators. If the violations persist despite repeated fines, the court directed that shops may be sealed after a 10-day notice.
The Jammu Development Authority (JDA) has been tasked with ensuring no encroachments occur in the JDA Complex at City Chowk, failing which lease deeds of repeat offenders may be cancelled.
The Court also emphasized regulation of food joints and street vendors, directing that no roadside operation should be allowed without valid permission under the Food Safety and Standards Act, 2006.
The operation of rehris (handcarts) must be limited to designated zones only, with full implementation of the Street Vendors Act, 2014 and its 2021 Rules.
To aid enforcement, the Senior Superintendent of Police, Jammu has been instructed to provide security support to JMC and JDA officials during drives.
The Divisional Commissioner, already appointed as the Nodal Officer, has been asked to hold regular review meetings with JMC and JDA leadership to ensure full compliance with the Court’s directives.
While concluding the PIL, the Bench appreciated the efforts of Advocate Ajay Sharma, the Amicus Curiae, and granted him and other public-spirited individuals the liberty to approach the Court again in case of any non-compliance with these orders.
