Jammu, July 02: In OWP No. 122/2002 titled Administrator /Commissioner, Jammu Municipal Corporation Jammu Vs Surat Singh & Anr after hearing HON’BLE MR. JUSTICE WASIM SADIQ NARGAL, JUDGE ORDERED as under:-
The present writ petition is with a history of spanning over more than three decades. The controversy traces its origin to proceedings initiated by the Municipal authorities in relation to the hotel premises of respondent No.1, culminating in the order dated 18.06.2001 passed by the Jammu and Kashmir Special Tribunal, which is the subject matter of challenge in the present writ petition.
Feeling aggrieved of the aforesaid order, the petitioners have preferred the present writ petition, which has remained pending before this Court for a considerable period of time.
The record reveals that the notice has been issued to all the parties way back on 20.05.2024 and more than two years have lapsed since then and till date, there is nothing on record justifying the action taken by the petitioners in furtherance of the said notice.
Merely issuance of notice on 20.05.2024 by the petitioners on their own does not suffice that the order passed by this Court mentioned supra stands complied with in its letter and spirit, when no consequential action has been taken by the respondents or if taken, the said information has been kept as a guarded secret and not provided to this Court.
In these circumstances, this Court deems it appropriate to direct the Commissioner, Jammu Municipal Corporation, to file a fresh and comprehensive affidavit responding to the supplementary affidavit filed by respondent No.1 by furnishing the details of the action taken in pursuance of the notices issued to each defaulting establishment, area-wise and in the same manner in which the particulars have been furnished in the supplementary affidavit.
Accordingly, the Commissioner, Jammu Municipal Corporation, shall file a comprehensive affidavit indicating:
a) The total number of hotels, commercial establishments, coaching institutes and similarly situated buildings functioning within the jurisdiction of the Jammu Municipal Corporation.
b) The number of such establishments which have been granted building permission and occupancy/completion certificate in accordance with law.
c) The number of establishments found to have raised construction in deviation from, or without, any sanctioned building plan, specifying the nature and extent of such deviations.
d) The number of establishments which do not possess the mandatory parking facilities as required under the applicable Building Bye-laws, the Master Plan and other statutory regulations.
e) The number of establishments functioning without the requisite Fire Safety Clearance/No Objection Certificate from the competent Fire and Emergency Services Department or whose fire safety installations are deficient.
f) Whether periodic inspections are undertaken by the Jammu Municipal Corporation and other competent authorities to ensure compliance with municipal laws, building regulations and fire safety norms, and the mechanism adopted for carrying out such inspections.
g) The action already taken against the defaulting establishments, including issuance of notices, sealing, demolition, prosecution, cancellation of permissions or anyother coercive measures contemplated under law.
The Commissioner, Jammu Municipal Corporation, shall further place on record a time-bound action plan indicating the measures proposed to be adopted for ensuring compliance with the statutory provisions by all such establishments functioning within its jurisdiction.
In the meantime, the Commissioner, Jammu Municipal Corporation, shall undertake a comprehensive survey of all hotels, commercial establishments, coaching institutes and other buildings catering to the public within its jurisdiction and identify those establishments which are:
(i) Functioning without sanctioned building plans or in violation thereof;
(ii) Lacking the mandatory parking facilities prescribed under the applicable laws, Building Bye-laws and other statutory regulations;
(iii) Operating without a valid Fire Safety Clearance/No Objection Certificate or having deficient fire safety measures; and
(iv) Functioning without any other mandatory statutory permission, licence or clearance required under the applicable laws.
Upon completion of the aforesaid exercise, the Commissioner, Jammu Municipal Corporation, shall issue fresh notices, wherever such notices have not already been issued, to all defaulting establishments calling upon them to explain the violations and rectify the deficiencies within the period prescribed under the relevant statutory provisions.
In cases where notices have already been issued on 20.05.2024, the Commissioner shall place on record the action taken in pursuance thereof.
Thereafter, appropriate proceedings shall be initiated and concluded strictly in accordance with law against every defaulting establishment, without discrimination, including, wherever warranted, sealing of the premises, demolition of unauthorized constructions, withdrawal of permissions, closure of establishments, prosecution and recovery of penalties or such other action as may be permissible under law.
The Commissioner, Jammu Municipal Corporation, shall also coordinate with the Director, Fire and Emergency Services, the Vice Chairman, Jammu Development Authority, the Inspector General of Police (Traffic), and all other concerned departments to ensure effective and coordinated enforcement of the statutory requirements governing building regulations, parking norms and fire safety measures.
The affidavit, as directed hereinabove, shall specifically indicate the timeline within which the entire exercise of survey, identification of defaulting establishments, issuance of notices and consequential action is proposed to be completed.
Let the aforesaid affidavit be filed by the Commissioner, Jammu Municipal Corporation, within a period of two weeks from today positively. Upon filing of the said affidavit, respondent No.1 shall be at liberty to file a response thereto, if so advised, within one week thereafter.
List this matter on 30.07.2026, on a hearing day, as Case No. 1.
It is made clear that in the event the aforesaid directions are not complied within the stipulated period, the Commissioner, Jammu Municipal Corporation, shall remain personally present before this Court on the next date of hearing along with the relevant record.
Registry shall furnish a copy of this order to the Commissioner, Jammu Municipal Corporation, the Director, Fire and Emergency Services, the Vice Chairman, Jammu Development Authority, and the Inspector General of Police (Traffic) for information and immediate compliance.
The Commissioner, Jammu Municipal Corporation, shall also ensure that copies of this order are circulated to all other concerned authorities and stakeholders for strict compliance with the directions contained herein.
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