Srinagar: The High Court of Jammu & Kashmir and Ladakh has directed the Jammu Municipal Corporation (JMC) to conduct a city-wide survey to identify hotels, commercial establishments and coaching institutes operating in violation of building, parking and fire safety norms, and to initiate action against violators in accordance with law.
Hearing a writ petition, Justice Wasim Sadiq Nargal observed that municipal laws must be enforced uniformly and without discrimination, directing the authorities to ensure that no defaulting establishment is spared merely because of selective enforcement.
The Court directed the JMC Commissioner to file a comprehensive compliance affidavit within two weeks detailing inspections conducted, action taken against violators and a time-bound plan for enforcement of municipal laws. It also warned that the Commissioner would have to appear in person if the directions were not complied with.
The directions were issued during the hearing of a writ petition pending since 2002 arising out of proceedings initiated by the municipal authorities against a hotel owned by Surat Singh. The respondent contended that while his establishment had been singled out for action, several similarly situated hotels, banquet halls, coaching centres and other commercial establishments with comparable or more serious violations had continued to operate without similar action.
According to the respondent, information obtained under the Right to Information Act indicated that a number of establishments within the Jammu municipal limits were functioning without sanctioned building plans or mandatory parking facilities.
Observing that the matter extended beyond the dispute between the parties, the Court said the issues raised involved wider concerns relating to public safety, planned urban development and uniform enforcement of municipal laws.
The Court expressed dissatisfaction with the response filed by the JMC, noting that instead of providing establishment-wise details of action taken, the Corporation had merely stated that notices had been issued. It observed that although notices were issued in May 2024, no consequential action had been placed on record, rendering the compliance inadequate.
Justice Nargal directed the Commissioner to furnish comprehensive data on all hotels and commercial establishments operating within the municipal limits, specifying those possessing valid building permissions, occupancy certificates, mandatory parking facilities and fire safety clearances, as well as those found to have unauthorised constructions or other statutory deficiencies.
The Court also sought details of inspections carried out, action already taken against violators and a time-bound action plan to ensure compliance with municipal laws.
It further directed the JMC to undertake a city-wide survey to identify establishments operating without sanctioned building plans, mandatory parking, fire safety clearances or other statutory permissions. The authorities were directed to issue fresh notices wherever required and conclude proceedings strictly in accordance with law.
The Court observed that action against violators, wherever warranted under the applicable laws, could include measures such as sealing of premises, demolition of unauthorised structures, closure of establishments, prosecution and recovery of penalties.
The JMC Commissioner was also directed to coordinate with the Fire and Emergency Services Department, the Jammu Development Authority and the Traffic Police to ensure effective enforcement of building regulations, parking norms and fire safety requirements.
