Building Violations: High Court Seeks Jammu Municipal Commissioner's Affidavit, Asks Whether Action Initiated Against Erring Enforcement Inspectors

The directions to this effect came from Justice Wasim Sadiq Nargal while hearing a petition filed against the the Municipal Corporation's decision to seal a property in the Gandhi Nagar area, invoking Section 8(1) of the Jammu and Kashmir Control of Building Operations Act, 1988. The petitioners argued that the property had been utilized for commercial purposes for a substantial period of time, exceeding two decades.

The petitioners further submitted that the Municipal Corporation had tacitly endorsed this usage by allowing it to persist without objection and argued that prior building violations had been regularized back in the year 2000, through an order of the concerned tribunal. The petitioners also contended that this abrupt course of action against them is both unjust and contradictory to established norms of natural justice.

Acknowledging the apparent need for intervention in the matter, Justice Nargal issued an interim order temporarily halting the sealing of the property. While doing so, the Court directed the Municipal Commissioner to file an affidavit providing following details:

• 1) The quantum of major and minor building violations that have been identified since the inception of the Jammu and Kashmir Control of Building Operations Act, 1988.
• 2) The inventory of properties that have been subject to sealing due to these violations, particularly in the Green Belt Park and Gandhi Nagar areas.
• 3) Deliberate actions taken by the JMC against subordinate officers, such as Khilafwarzi Officers and enforcement inspectors, implicated in fostering or ignoring building violations.
• 4) The manner in which the JMC has handled situations where properties initially zoned for residential use transitioned to commercial activities without proper authorization.
• 5) Any instances where commercial enterprises in residential zones have obtained legal permissions, and the extent of the scrutiny exercised in granting such permissions.

The next hearing is scheduled for October 4, 2023.

Case Title: Varun Mahajan and anr. Vs UT of J&K

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