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2026 Supreme(Online)(J&K) 868
HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR
Sanjeev Kumar, CJ, Mohd Yousuf Wani, J
In Re Suomoto Proceedings – Appellant
Versus
State of J and K – Respondent
OWP 1/2019 | CM No. 5477/2026
Important Points
Subject
Civil - Public Interest Litigation
Headnote
(B) Administrative Compliance - Status Report - Insufficiency of report failing to specify steps taken to remove existing encroachments and prevent future occurrences. (Para 5, 6)
Issues: Whether the status report filed by the Divisional Commissioner, Kashmir, sufficiently addressed encroachments on public places by religious institutions.
For the Appellants/Petitioners: None
For the Respondents: T.M. Shamsi, Rehana Qayoom, Maha Majeed
ORDER
CM No. 5477/2026
1. This is an application for placing on record the status report on behalf of the Divisional Commissioner, Kashmir filed in terms of order dated 8th July, 2026.
2. The application for the reasons stated therein is allowed and the status report dated 17.08.2026 filed by the Divisional Commissioner, Kashmir is taken on record.
3. CM disposed of.
OWP No. 1/2019
4. In compliance with the order dated 8th July, 2026 read with order dated 4th November, 2025, the Divisional Commissioner, Kashmir, has filed the status report enlisting of the encroachments made on the State/Kahcharai/Shamilat Deh land etc. for raising the construction of places of worship by different religions in the Kashmir Division. There are Mosques, Temples, Churches and Gurdwaras constructed on the said land.
5. The Divisional Commissioner, Kashmir, however, has not clearly indicated the encroachments, if any, made in the name of Temples, Churches, Mosques or Gurdwaras, etc. on public streets, public parks or other public places. The Divisional Commissioner has also not indicated steps, if any, initiated by the Union Territory Administration to deal with existing encroachments as also to prevent such encroachments in future.
6. Let a fresh status report on affidavit be filed by the Divisional Commissioner, Kashmir, indicating clearly the encroachments, if any, found to have been made on public streets, public parks or other public places in the name of Temples, Churches, Mosques or Gurdwaras. He shall also indicate clearly the steps taken by the Union Territory Administration to remove such encroachments and also to prevent such encroachments in future.
7. Ms. Maha Majeed, learned counsel appearing for the respondents prays for and is granted six weeks’ time to file a detailed affidavit in the terms aforesaid.
8. The compliance report filed by the Union Territory of Ladakh, however, indicates that there is no such encroachment by any religious institutions on the public streets, public parks or other public places in Ladakh.
9. List alongwith WP(C) PIL 1/2020 on 12.10.2026, pending adjudication in the Jammu Wing of this Court.
10. A copy of this order be placed with WP(C) PIL No. 1/2020.
