Jammu- The High Court of J&K and Ladakh has directed the Jammu Municipal Corporation (JMC) to conduct a comprehensive survey of hotels, commercial establishments, coaching institutes and other public buildings across Jammu to identify violations relating to sanctioned building plans, parking facilities, fire safety clearances and other mandatory statutory permissions.
Hearing a petition pending since 2002, a bench of Justice Wasim Sadiq Nargal observed that the issues raised extend beyond the dispute between the parties and concern the uniform enforcement of municipal laws, public safety and planned urban development.
The matter came before the court after the respondent, S Singh and others, alleged arbitrary and selective enforcement by the municipal authorities, claiming that one hotel was singled out for action while numerous other establishments with similar alleged violations escaped scrutiny.
They relied on information obtained under the Right to Information Act, claiming that numerous establishments were functioning without approved building plans and parking facilities despite apparent violations.
The Court noted that although JMC had issued notices to the establishments in May 2024, it failed to place on record the action taken thereafter.
The court observed that merely issuing notices did not amount to compliance with the Court’s earlier directions and criticized the corporation for filing only a generalized response instead of a detailed, establishment-wise report.
The Court directed the Commissioner, JMC, to file a comprehensive affidavit within two weeks detailing the total number of hotels, commercial establishments, coaching institutes and similarly situated buildings functioning within the jurisdiction of the Jammu Municipal Corporation.
The affidavit must also disclose number of such establishments which have been granted building permission and occupancy, completion certificate in accordance with law, the court said.
The affidavit, the court said, shall also provide details regarding the number of establishments found to have raised construction in deviation from, or without, any sanctioned building plan, specifying the nature and extent of such deviations.
The affidavit is also required to provide details regarding the number of establishments which do not possess the mandatory parking facilities as required under the applicable Building Bye-laws, the Master Plan and other statutory regulations
Besides, the affidavit must also disclose the number of establishments functioning without the requisite Fire Safety Clearance, No Objection Certificate from the competent Fire and Emergency Services Department or whose fire safety installations are deficient.
The commissioner has also been asked to delineate whether periodic inspections are undertaken by the Jammu Municipal Corporation and other competent authorities to ensure compliance with municipal laws, building regulations and fire safety norms, and the mechanism adopted for carrying out such inspections. Lastly, the affidavit is required to provide details regarding the action already taken against the defaulting establishments, including issuance of notices, sealing, demolition, prosecution, cancellation of permissions or any other coercive measures contemplated under law
The Court further directed the 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 for effective enforcement of building regulations, parking norms and fire safety standards.
The matter has been listed for further hearing on July 30. The Court warned that if its directions are not complied with within the stipulated period, the Commissioner, JMC, shall remain personally present before the Court along with the relevant records.
