Back
Jammu & Kashmir High Court Warns JMC Commissioner, Others of Coercive Action Over
The has warned that it may initiate against the Commissioner of the , the Director of , the Vice Chairman of the , and the if its directions concerning the survey of illegal commercial establishments are not complied with strictly.
Draws Court's Ire
Justice Wasim Sadiq Nargal passed the order on , after noting that the affidavit filed by the was not in conformity with the detailed directions issued by the court on . The earlier order had required the Commissioner to file a furnishing details of action taken against defaulting establishments, including hotels, coaching institutes, and commercial buildings operating without valid building permissions, parking facilities, or fire safety clearances.
, appearing for the respondent, argued that the affidavit was deficient and failed to adequately address the specific directions issued by the court. The court agreed, observing that the affidavit did not meet the requirements set out in the of the July 2 order.
with Timeline Ordered
The court reiterated that the fresh affidavit must specifically indicate
"the steps taken/proposed to be taken and the timeline for completion of the exercise contemplated therein."
The Commissioner was directed to file a better and
within one week, positively, with an advance copy to the respondents' counsel.
Justice Nargal made it clear that failure to comply would invite serious consequences. The order stated:
"Failing which, this Court shall be constrained to initiate appropriate
against the Commissioner,
, the Director,
, the Vice Chairman,
and the
."
Senior Law Officers Directed to Appear
To ensure effective coordination, the court also directed and to appear on the next hearing date. They have been asked to assist the court in assessing the implementation of the July 2 directions and the steps taken by the concerned departments.
The court observed that the earlier directions required the Commissioner to coordinate with multiple departments, including fire services, development authority, and traffic police, to enforce building regulations, parking norms, and fire safety measures.
Next Hearing Set for September 3
The matter has been listed for , as case number one in the cause list. The Registry has been directed to forward a copy of the order forthwith to the Commissioner, JMC, the Director, , the Vice Chairman, JDA, and the IGP (Traffic) for compliance.
The proceedings arise from a long-pending case concerning illegal commercial establishments operating within the jurisdiction of the . The court has made it clear that it expects strict enforcement of without discrimination, including where warranted.
