Jammu & Kashmir & Ladakh High Court Orders Fortnightly Anti-Encroachment Drive In Jammu City To Ensure No Public Road Is Encroached

The Jammu and Kashmir and Ladakh High Court has directed the Jammu Municipal Corporation (JMC) to ensure that no public road or pathway is encroached by any one and to conduct anti-encroachment drive in Jammu city every fortnight.

The Court was hearing a Public Interest Litigation (PIL) filed by Jagdish Raj (now deceased) in respect of the illegal encroachment made by the shopkeepers and other unknown persons in JDA Shopping Complex, near City Chowk, Jammu and after his demise, the Petition was continued by the Court on its own motion.

A Division Bench comprising Chief Justice Arun Palli and Justice Rajnesh Oswal directed, “The Jammu Municipal Corporation shall ensure that no public pathway/road/street/nullah is encroached by any one and shall conduct anti-encroachment drive in the whole City of Jammu every fortnight and during drive, the encroachments temporary or permanent made by the shopkeepers or any commercial establishment on the pathways/streets/roads/nullahs be removed. No commercial establishment be permitted to place their gadgets on the street/pathway/road/nullah.”

The Bench further ordered that the JMC shall educate the shopkeepers or owners of commercial establishments against encroaching any street/road/pathway/nullah for the purpose of displaying/selling their goods/keeping their gadgets and consequences of the violations thereof.

Advocate Ajay Sharma was appointed as the Amicus Curiae. Senior AAG S.S. Nanda and Senior Advocate Sunil Sethi represented the Respondents.

Brief Facts

The Petition focused on two issues. First was that a number of Rehries are operating illegally in the different parts of the Jammu City including the area of City Chowk Jammu, to Central Basic High School, Purani Mandi, Jammu, leading to obstruction of free movement of pedestrians and impeding the smooth flow of traffic. And second was that there have been large scale encroachments on the roads/streets/pathways by several persons including shopkeepers which also impede and obstruct free flow of pedestrians and vehicles.

In 2018, the JMC filed its compliance report stating that it has carried out special anti-encroachment drives with the assistance of Police wherein material displayed by the shop owners by extending their shops causing hindrance in the public pathways/streets were confiscated and in this regard shop owners were informed that those found to be repeating the violations despite notice to refrain, their shops shall be sealed after giving notice, specifying a time limit of ten days to remove the violations.

Thereafter, it filed another status report stating that 242 notices were served upon the shopkeepers/shop owners who had encroached the footpaths in the area. The JMC in compliance to the 2019 Court’s Order submitted the status report, stating therein that they are maintaining constant vigil in order to ensure that the Rehries are stationed in Rehri zone and not stationed at road side and in this regard, they have identified as many as eight Rehries zones throughout the municipal area.

Court’s Directions

In view of the submissions made by the Amicus Curiae, the Court issued the following directions –

• The errant shopkeepers/owners of commercial establishments, who despite being challaned and fined, repeat their actions again and display their merchandise by extending their shops or placing their gadgets on the public road/street/pathways, the Jammu Municipal Corporation in addition to penal provisions, shall also proceed against the encroachers in terms of section 232 of the Municipal Corporation Act. The Jammu Municipal Corporation shall also proceed against such violators in terms of section 371 of the Municipal Corporation Act.

• If despite repeated fines and action under section 232 of the Municipal Corporation Act, the violator(s) still continue(s) with his/their illegal activities, the Jammu Municipal Corporation, shall seal the shop/commercial establishment after the failure on the part of violator to remove the violation within 10 days of the notice to remove the violation(s).

• The Jammu Development Authority shall ensure that the shopkeepers in the JDA Complex situated at City Chowk, Jammu do not encroach the pathways in front of their shops and in case of repeated violations may issue notice for cancellation of their lease deeds and thereafter proceed in accordance with law.

• The Jammu Municipal Corporation shall ensure that no food joint is operated on the roadside/pathway/street without permission from the Jammu Municipal Corporation and competent authority under Food Safety and Standards Act, 2006.

• The Jammu Municipal Corporation shall also ensure that rehries operate only at the designated places and no obstruction is caused in smooth flow of traffic due to illegal operation of rehries.

• The authority concerned shall ensure the implementation of Street Vendors (Protection of Livelihood and Regulation Street Vending) Act, 2014 and Rules of 2021 framed there-under, in its letter and spirit.

Furthermore, the Court directed the Senior Superintendent of Police (SSP) to provide the necessary protection to the officers of Jammu Municipal Corporation and Jammu Development Authority whenever required.

“As the Divisional Commissioner, Jammu has already nominated as Nodal Officer, he shall hold the meeting with the Commissioner, Jammu Municipal Corporation and Vice Chancellor, Jammu Development Authority regularly, so that the directions issued as mentioned above, are complied with in its letter and spirit. While removing the encroachments, the officials concerned shall use minimal force, so that no unnecessary harassment is caused to anyone”, it added.

Accordingly, the High Court closed the proceedings in the PIL, issued necessary directions, and granted liberty to Amicus Curiae and any other public-spirited person to bring to the notice of the Court non-compliance of the directions by the officers/authorities.

Cause Title- Court of its own motion v. State of J&K and Others (Case Number: PIL No. 27/2017)

Appearance:

Petitioner: Advocate Ajay Sharma (Amicus Curiae)

Respondents: Senior AAG S.S. Nanda, Senior Advocate Sunil Sethi, Advocates Parimoksh Seth, A. K. Sawhney, Harshwardhan Gupta, Sachin Dogra, and Atul Verma.

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