Srinagar: The High Court of Jammu & Kashmir and Ladakh has given the Srinagar Municipal Corporation (SMC) a last three-week deadline to implement its directions on unauthorized constructions, commercial conversion of residential properties and illegal parking in Balgarden, while reiterating the need to fix responsibility on officers allegedly responsible for the violations.
Justice Wasim Sadiq Nargal, hearing a petition filed by Ghulam Rasool Zargar and others, observed that despite repeated directions and a time-bound action plan submitted by the authorities themselves, the matter had not been brought to logical conclusion.
The court warned that failure to comply could invite coercive measures in accordance with law for willful disobedience of its order.
The case relates to alleged unauthorized building-use conversions, violations and illegal parking in the Balgarden area.
The court had earlier taken serious note of the situation and, on November 26, 2025, directed the respondents to file a supplementary affidavit setting out an action plan for implementing the recommendations of a committee constituted to address the violations.
The court had also directed the Chief Secretary to constitute a committee headed by the Commissioner SMC, comprising senior officers.
The committee was specifically tasked with identifying the officers who were at the helm of affairs when the alleged constructions and violations took place, so that responsibility could be fixed on the officials concerned.
The court subsequently found that the report identifying the responsible officers had not been placed before it and that its earlier directions had not been complied with in toto.
The authorities later filed a supplementary affidavit on December 30, 2025, stating that show-cause notices had been issued to owners of listed properties over deviations involving change of building use. According to the authorities, the owners had not produced documents in response to the notices.
The supplementary affidavit contained a three-month action plan for dealing with unauthorized conversion of residential houses into commercial establishments in Balgarden.
Under the plan, final and time-bound show-cause notices were to be issued to the owners of identified structures, giving them an opportunity to produce building permissions and supporting documents.
In cases where the requisite documents were not produced, legal action was to follow.
A three-member committee comprising the Joint Commissioner (Planning), Additional Secretary (Law) and Chief Enforcement Officer of SMC was proposed to scrutinize building permissions and other documents on a case-by-case basis under the Master Plan Srinagar-2035 and JKUBBL-2021.
The action plan also called for freezing new trade registrations in the area and stopping renewals where establishments were operating without proper permissions.
Fortnightly compliance reports were to be submitted by the concerned ward or enforcement officers, with failure to comply potentially attracting disciplinary action.
On parking, the authorities were directed to prepare a plan identifying designated parking spaces, no-parking zones, parking gaps, possible paid parking and other measures in consultation with the Traffic Department, Srinagar Smart City Limited and local stakeholders.
The High Court noted that although steps had been initiated by the respondents, its directions had not been complied with in their entirety.
It observed that the authorities had themselves prescribed timelines but failed to complete the required action, without seeking an extension from the Court.
During Wednesday’s hearing, Joint Commissioner (Planning) Gulzar Ahmad, Chief Enforcement Officer Suhail Nabi Chintsaz and the concerned Ward Officer Niyaz Ahmad appeared in person and assured the Court that the directions would be implemented without further delay.
They sought three weeks as a final opportunity to submit complete compliance.
The Court accepted the assurance but made it clear that this was the last and final opportunity.
It warned that failure to comply with the order in letter and spirit would leave it with no option but to initiate appropriate coercive measures in accordance with law against the respondents for willful disobedience or non-compliance.
The matter has been listed for further consideration on October 27, 2026.
