‘Seal repeat violators’ establishments after 10-day notice’
Excelsior Correspondent
JAMMU, June 23: The Jammu & Kashmir and Ladakh High Court has issued a set of strong directions to remove all encroachments on public roads, footpaths, and nullahs in Jammu city, warning of strict action against repeat offenders.
A Division Bench comprising Chief Justice Arun Palli and Justice Rajnesh Oswal passed the order while disposing of a Public Interest Litigation (PIL) concerning illegal occupation of public spaces.
Follow the Daily Excelsior channel on WhatsApp
The Court directed the Jammu Municipal Corporation (JMC) to conduct regular anti-encroachment drives, removing both temporary and permanent structures erected by shopkeepers, vendors, and food joints.
The JMC has also been asked to ensure that no commercial establishment is allowed to place any merchandise or gadgets on public roads or pathways.
The court also directed the Corporation to conduct regular awareness campaigns for the shopkeepers about the legal consequences of such encroachments.
The Bench warned that violators who continue to flout norms despite being fined will face further action under Sections 232 and 371 of the Municipal Corporation Act.
In cases where repeated violations occur, the civic body has been empowered to seal such establishments if they fail to comply within 10 days of a notice being issued.
The Jammu Development Authority (JDA) was also directed to ensure that shopkeepers at the JDA Complex, City Chowk, do not encroach upon adjacent footpaths.
In case of repeated violations, the Court said their lease deeds could be cancelled as per law.
The Court further directed that no food joint should operate on roads or pathways without proper permission from JMC and clearance under the Food Safety and Standards Act, 2006.
Additionally, the court directed that the rehries (handcarts) should operate only at designated spots and must not obstruct traffic. Authorities have been told to strictly enforce the Street Vendors Act, 2014 and its 2021 rules.
To ensure effective implementation of these directions, the Bench ordered the Senior Superintendent of Police, Jammu, to provide adequate security to teams from JMC and JDA during anti-encroachment drives.
The Divisional Commissioner, already the designated Nodal Officer, was also tasked with holding regular review meetings with JMC and JDA officials.
The Court appreciated the efforts of Amicus Curiae Ajay Sharma and closed the proceedings, allowing him or any other concerned citizen to report any non-compliance of the directions in future.
Follow our WhatsApp channel
