Directs JMC to Survey Hotels, Banquet Halls, Coaching Centres; Warns Against Selective Enforcement of Laws
Jammu, July 4 :
In a landmark order aimed at strengthening urban governance and public safety, the High Court of Jammu & Kashmir and Ladakh has directed the Jammu Municipal Corporation (JMC) to carry out a comprehensive survey of all hotels, commercial establishments, banquet halls, coaching institutes and other public buildings within its jurisdiction to identify illegal constructions and violations of statutory building regulations.
The Court ordered the JMC to examine whether these establishments possess approved building plans, mandatory parking facilities, occupancy or completion certificates, fire safety clearances and other statutory permissions. It also instructed the civic body to initiate legal action against all violators without discrimination or selective enforcement.
The directions were issued by Justice Wasim Sadiq Nargal while hearing a long-pending writ petition related to municipal action against a hotel. The Court observed that the matter extends beyond an individual dispute and raises larger concerns about planned urban development, public safety and uniform implementation of municipal laws across Jammu.
Taking serious note of allegations that several commercial establishments continue to function despite lacking sanctioned building plans, parking facilities and mandatory approvals, while action has been taken only against selected properties, the Court cautioned the authorities against adopting a “pick-and-choose” approach in enforcing municipal regulations.
The High Court directed the Commissioner, Jammu Municipal Corporation, to file a comprehensive affidavit detailing the total number of commercial establishments operating within JMC limits, those having valid permissions, those found in violation of approved plans, buildings lacking mandatory parking, and establishments functioning without fire safety clearances or other statutory licences.
The Court further sought details of inspections conducted by the Municipal Corporation, the enforcement mechanism in place and the action already taken against defaulting establishments, including notices, sealing, demolition, prosecution, cancellation of permissions and recovery of penalties.
It also directed JMC to prepare and submit a time-bound action plan for identifying violations, issuing fresh notices wherever required and ensuring strict compliance with building laws, parking norms and fire safety regulations.
Recognising that effective enforcement requires coordinated action, the High Court instructed the Commissioner to work in coordination 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 compliance with all statutory requirements.
The Court made it clear that failure to comply with its directions within the stipulated timeframe would require the personal appearance of the Commissioner, Jammu Municipal Corporation, before the Court along with the relevant records.(KNC)