In an order aiming at restoring public spaces and ensuring smooth flow of pedestrian and vehicular traffic the Jammu & Kashmir High Court has issued comprehensive directions to curb illegal encroachments by shopkeepers, vendors, and food joints, while disposing of a long-pending Public Interest Litigation (PIL).
The bench of Chief Justice Arun Palli, Justice Rajnesh Oswal emphasized that public pathways, roads, street must remain free of encroachments to preserve the rights of citizens and ensure urban order.
The Jammu Municipal Corporation (JMC) has been directed to conduct anti-encroachment drives every two weeks across the city and ensure removal of both temporary and permanent encroachments by shopkeepers and commercial establishments.
It said that the corporation is to educate business owners about the illegality of occupying public space and warn of the consequences, including fines, penalties, and further legal action.
It further directed that stringent action be taken against repeat offenders for habitual violations, and action included under Sections 232 and 371 of the Municipal Corporation Act. If violations continue, JMC has been empowered to seal shops that fail to comply within 10 days of notice.
Apart from that the The Jammu Development Authority (JDA) has been directed to ensure that no encroachments by shopkeepers at City Chowk Complex, and in case of repeated violations, they are directed to initiate cancellation of lease deeds.
The court directed that it is to be checked that no roadside food joints are to be allowed without proper licenses from the JMC and the Food Safety Authority. Similarly, rehris (pushcarts) are to operate only at designated spots to avoid traffic obstructions.
The court also directed the Implementation of Street Vendors Act stating that that authorities must implement the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014 and the J&K Street Vending Rules, 2021 in letter and spirit.Jammu and Kashmir tourism
The Senior Superintendent of Police, Jammu is also directed to provide necessary security and support to JMC and JDA officers during enforcement actions.
The Divisional Commissioner, Jammu, already designated as Nodal Officer, will hold regular coordination meetings with the JMC Commissioner and Vice Chairman of JDA.
The officials have been asked to use minimum force during anti-encroachment operations to avoid unnecessary harassment, while maintaining strict enforcement.
While closing the PIL, the Court granted liberty to Mr. Ajay Sharma, Amicus Curiae, and any public-spirited citizen to approach the Court again in case of non-compliance by concerned authorities. (livelaw)
