Excelsior Correspondent
JAMMU, Mar 5: High Court of Jammu & Kashmir and Ladakh has directed the Commissioner Jammu Municipal Corporation (JMC) to allow the Jammu and Kashmir Bank to function in the premises situated at 4-D Shastri Nagar, Jammu till it’s representation is accorded consideration in order to avoid inconvenience to public at large and also keeping in view the fact that the functioning of the bank is not hampered.
The direction has been passed by Justice Wasim Sadiq Nargal in a petition filed by J&K Bank challenging the order dated March 3, 2025 issued by JMC by virtue of which, the structure/building, which is being occupied by the petitioner-Jammu & Kashmir Bank has been sealed under Jammu & Kashmir, Municipal Corporation Act, 2000 on the ground that the bank has not stopped the commercial activities after receiving notice under Section 253(1) of the Municipal Act, 2000 read with Jammu & Kashmir Unified Building Bye-Laws, 2021 and the structure/building in question has been put under Superdari with the SHO Gandhi Nagar.
The petition has been preferred on behalf of the Jammu and Kashmir Bank, who is occupying the premises on the basis of the Lease Deed executed by Bagwan Singh (the lessor) in favour of the bank way back of 15.12.2010.
It was submitted that bank is running in the building for the last more than 15 years and running of a bank in a residential area is not a commercial activity as alleged in the impugned order.
The counsel for the bank drew the attention of the court to a clarification issued by the Joint Commissioner Planning dated 08.11.2024, a perusal whereof reveals that the Banking Operations restricted to Bank Branches and ATMs can be considered under Public Utility and Services and the same can be operated from residential area/residential premises as per the Master Plan-2035 and Jammu & Kashmir Unified Building Byelaws- 2021, subject to proper permission from Building Permission Issuing Authority (BPIA), as designated under rules.
However, the clarification has been issued from the office of Joint Commissioner (Planning), Srinagar Municipal Corporation. In the light of this clarification, the counsel for the bank intended to seek permission from designated authority and at the same time submitted that although the clarification pertains to Srinagar but on the same lines the Municipal Authorities are under an obligation to accord consideration to the same.
After hearing counsel for the bank and respondents, Justice Wasim Sadiq Nargal directed the Commissioner, Jammu Municipal Corporation to accord consideration to the representation, which will be filed by the petitioner-Bank on or before 08.03.2025 and the same shall be accorded due consideration strictly in light of the clarification within a period of 10 days thereafter.
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