Examiner Bureau | Jammu:
In a significant order aimed at ensuring uniform enforcement of municipal laws, the High Court of Jammu & Kashmir and Ladakh has directed the Jammu Municipal Corporation (JMC) to conduct a comprehensive survey of all hotels, commercial establishments, coaching institutes and other public buildings within its jurisdiction. The civic body has been asked to identify violations relating to sanctioned building plans, parking, fire safety and other statutory requirements, and initiate action against every defaulting establishment without discrimination.
The Court also warned that the Commissioner of the Jammu Municipal Corporation would have to appear in person if the directions are not complied with within the stipulated timeframe.
The directions were issued by Justice Wasim Sadiq Nargal while hearing a 24-year-old writ petition (OWP No. 122/2002), Administrator, Jammu Municipality and another versus Surat Singh and another. The order was passed on July 2, 2026. Advocate Mayank Gupta represented the petitioners, while Senior Advocate Rahul Pant, assisted by Advocate Anirudh Sharma, appeared for the respondents.
The case stems from proceedings initiated by the municipal authorities against the hotel premises of respondent No. 1, challenging an order dated June 18, 2001, passed by the Jammu and Kashmir Special Tribunal. During the hearing, the respondent alleged that the municipal authorities had selectively enforced building regulations by proceeding only against his establishment while allowing several similarly placed hotels, banquet halls, coaching centres and commercial establishments with comparable or more serious violations to continue functioning.
The respondent relied on information obtained under the Right to Information (RTI) Act, claiming that several establishments within Jammu municipal limits were operating without sanctioned building plans or mandatory parking facilities but had escaped enforcement. It was argued that such “pick-and-choose” action violated the constitutional guarantee of equality under Article 14.
Observing that the matter extended beyond the dispute between the parties, the Court said the issues involved larger concerns of uniform enforcement of municipal laws, public safety, planned urban development and compliance with statutory regulations governing construction and use of buildings across Jammu.
Justice Nargal noted that despite earlier directions issued in August 2023 requiring the JMC to furnish establishment-wise details of action taken, the Corporation had submitted only a general reply stating that notices had been issued to all establishments. The Court found the response inadequate, observing that more than two years had elapsed since notices were issued on May 20, 2024, without any material being placed on record regarding consequential action.
The Court directed the JMC Commissioner to file a comprehensive affidavit detailing the total number of hotels, commercial establishments and coaching institutes within its jurisdiction; the number possessing valid building permissions and occupancy certificates; those operating without sanctioned building plans; those lacking mandatory parking facilities; establishments without fire safety clearances; the inspection mechanism adopted by the authorities; and the action already taken against violators.
The Commissioner has also been asked to place before the Court a time-bound action plan for ensuring compliance with municipal laws.
In addition, the Court ordered the JMC to undertake a comprehensive survey of all establishments functioning without sanctioned building plans, mandatory parking, fire safety clearances or other statutory permissions. Following the survey, the Corporation has been directed to issue fresh notices wherever required and initiate proceedings against every violator in accordance with law. The action may include sealing of premises, demolition of unauthorised constructions, withdrawal of permissions, closure of establishments, prosecution and recovery of penalties wherever warranted.
The Court further directed the JMC Commissioner to coordinate with the Director of Fire and Emergency Services, the Vice Chairman of the Jammu Development Authority, the Inspector General of Police (Traffic) and other concerned departments to ensure coordinated enforcement of building regulations, parking norms and fire safety measures.
The affidavit has been directed to be filed within two weeks. The matter has been listed for further hearing on July 30, 2026, as the first case of the day.
Making its position clear, the High Court warned that failure to comply with its directions within the prescribed period would require the JMC Commissioner to remain personally present before the Court on the next date of hearing along with the relevant records.
