SRINAGAR: 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, identify violations relating to building permissions, parking, fire safety and other statutory requirements, and initiate action against every defaulting establishment without discrimination. The Court has also warned that the JMC Commissioner will have to appear in person if its directions are not complied with within the stipulated time.
The directions were issued by Justice Wasim Sadiq Nargal while hearing a 24-year-old writ petition, OWP No. 122/2002, filed by the Administrator, Jammu Municipality and another against Surat Singh and another. The order was passed on July 2, 2026. Advocate Mayank Gupta appeared for the petitioners, while Senior Advocate Rahul Pant, assisted by Advocate Anirudh Sharma, represented the respondents.
The writ petition arises from proceedings initiated by the municipal authorities against the hotel premises of respondent No. 1 and challenges an order dated June 18, 2001, passed by the Jammu and Kashmir Special Tribunal. During the hearing, the respondent alleged that municipal authorities had selectively enforced building laws by proceeding only against his establishment while allowing numerous similarly situated hotels, banquet halls, coaching centres and commercial establishments with similar or even more serious violations to continue operating.
The respondent relied upon information obtained under the Right to Information Act, claiming that several establishments within Jammu municipal limits were operating without sanctioned building plans or mandatory parking facilities and yet had escaped enforcement action. It was argued that such “pick-and-choose” enforcement violated the constitutional guarantee of equality under Article 14.
The Court observed that the issues raised extended far beyond the dispute between the parties and involved larger questions relating to uniform enforcement of municipal laws, public safety, planned urban development and compliance with statutory regulations governing construction and use of buildings in Jammu.
Justice Nargal noted that despite earlier directions issued in August 2023 requiring the Municipal Corporation to furnish establishment-wise details of action taken, the Corporation had merely filed a general reply stating that notices had been issued to all establishments. The Court held that the response failed to address the specific allegations and observed that more than two years had elapsed since notices were issued on May 20, 2024, without the Corporation placing on record any consequential action.
The Court directed the Commissioner, Jammu Municipal Corporation, 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 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.
The Court further ordered the JMC to undertake a comprehensive survey to identify all establishments functioning without sanctioned building plans, mandatory parking, fire safety clearances or other statutory permissions. Following the survey, fresh notices are to be issued wherever necessary and proceedings initiated against every defaulting establishment strictly in accordance with law, including sealing of premises, demolition of unauthorised constructions, withdrawal of permissions, closure of establishments, prosecution and recovery of penalties wherever warranted.
The Court also 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 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, and the matter has been listed for further hearing on July 30, 2026, as the first case of the day.
The Court made it clear that failure to comply with its directions within the prescribed period would require the Commissioner, Jammu Municipal Corporation, to remain personally present before the Court on the next date of hearing along with the relevant records.
