Jammu and Kashmir High Court Seeks Fresh Report on Religious Encroachments on Public Streets

Acting Chief Justice Sanjeev Kumar and Justice Mohd Yousuf Wani Pass the Order

In a significant move to reclaim public spaces, the High Court of Jammu and Kashmir and Ladakh has directed the Divisional Commissioner of Kashmir to submit a fresh, detailed affidavit regarding unauthorized religious structures on public streets, parks, and other public places across the Kashmir Valley. The August 18 order came during suo motu proceedings in OWP No. 1/2019.

The Missing Piece in the Status Report

The court had earlier called for a status report on encroachments by places of worship. On August 17, 2026, the Divisional Commissioner filed a report listing structures—mosques, temples, churches, and gurdwaras—built on State, Kahcharai (grazing land), and Shamilat Deh (village common) land. However, the bench observed a critical gap: the report did not specify whether any of these structures had encroached upon public streets, parks, or other public spaces.

“The Divisional Commissioner… 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 court noted.

What the Court Demanded

Discontented with the omission, the bench ordered a comprehensive affidavit that must: - Clearly list any encroachments on public streets, parks, and other public places. - Detail steps taken by the Union Territory Administration to remove existing encroachments. - Outline preventive measures to stop future encroachments.

Assisting counsel Maha Majeed, appearing for the respondents, requested six weeks to file the detailed affidavit, which was granted.

A Contrast from Ladakh

Interestingly, the compliance report from the Union Territory of Ladakh offered a clean slate, stating that no religious institution has encroached upon public streets, parks, or public places in the region. The court noted this with approval.

Next Hearing

The matter is now scheduled to be heard alongside WP(C) PIL No. 1/2020 on October 12, 2026, in the Jammu Wing of the High Court. A copy of the order has been placed with that pending petition.

Key Observations

In its directive, the court emphasized the need for transparency and accountability: - “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.”

The proceedings were assisted by Deputy Solicitor General T. M. Shamsi, advocates Rehana Qayoom, and Maha Majeed. The court made it clear that the administration must act decisively to reclaim public spaces and prevent future violations.