SRINAGAR: The Jammu and Kashmir and Ladakh High Court has directed the Divisional Commissioner, Kashmir, to file a fresh affidavit identifying any encroachments on public streets, parks and other public places allegedly made in the name of mosques, temples, churches or gurdwaras, and to state what action has been taken to remove them and prevent such encroachments in future.
The direction came after a Division Bench found that the Commissioner’s latest status report, while listing religious structures built on State, Kahcharai and Shamilat Deh land in Kashmir, had failed to clearly disclose whether any such structures had encroached upon public spaces or what action had been initiated by the administration.
The order was passed on August 18 in OWP No. 1/2019, In Re: Suo Motu Proceedings, by Acting Chief Justice Sanjeev Kumar and Justice Mohd Yousuf Wani.
The proceedings were being considered in compliance with the court’s order of July 8, 2026, read with an earlier order of November 4, 2025. The Divisional Commissioner had submitted a status report dated August 17.
The report enlisted encroachments on State/Kahcharai/Shamilat Deh land for construction of places of worship by different religions in Kashmir Division. “There are Mosques, Temples, Churches and Gurdwaras constructed on the said land,” the Bench recorded.
However, it said the Commissioner had “not clearly indicated the encroachments, if any,” on public streets, public parks or other public places. Nor had the report indicated steps initiated by the Union Territory Administration either to deal with existing encroachments or prevent them in future.
The court directed the Commissioner to file a fresh status report on affidavit, specifically identifying such encroachments and detailing the measures taken for their removal and prevention.
Advocate Maha Majeed, appearing for the respondents, sought and was granted six weeks to file the detailed affidavit.
The Bench meanwhile noted that Ladakh’s compliance report indicated no such encroachment by religious institutions on public streets, public parks or other public places.
The respondents were represented by T.M. Shamsi, DSGI, with Advocate Rehana Qayoom and Assistant Counsel Maha Majeed, vice Senior AAG Mohsin Qadri.
The matter has been listed along with WP(C) PIL No. 1/2020 on October 12, 2026, pending adjudication in the Jammu Wing of the High Court. The court also directed that a copy of its order be placed with the PIL.
