The High Court of Jammu and Kashmir and Ladakh (HC) has instructed the Divisional Commissioner of Kashmir to submit a fresh affidavit outlining any encroachments on public streets, parks, and other public places done in the name of religious institutions. This directive is part of the court’s response to a suo motu case dealing with encroachments, with a bench comprising Acting Chief Justice and Sanjeev Kumar, and Justice Mohd Yousuf Wani issuing these orders.
The HC expressed dissatisfaction with the Divisional Commissioner’s status report, which listed encroachments on State, Kahcharai, and Shamilat Deh land for constructing places of worship like mosques, temples, churches, and gurdwaras. However, it failed to clearly identify encroachments on public streets, public parks, or other public places. Moreover, it lacked details on actions taken or planned to address existing encroachments and prevent future ones. The report did not specify the extent of the encroachments, the specific locations, or the religious institutions involved. It also did not provide any timeline for when these encroachments took place, making it difficult to pinpoint the responsible parties.
Further, the HC noted that the status report submitted by the Divisional Commissioner had not been full. It had not included details of encroachments on public places such as roads, footpaths, or other public amenities. These are key details as they affect the daily lives of citizens, potentially causing inconvenience, traffic congestion, or even safety hazards. The court also observed that the report had not mentioned any steps taken by the Union Territory Administration to rectify or prevent such encroachments.
The HC has directed the Divisional Commissioner to provide details of the steps taken or planned by the Union Territory Administration to tackle these issues. This includes specific actions taken against encroachers, plans for restoring public spaces, and measures to prevent future encroachments. The Divisional Commissioner has been given six weeks to file a detailed affidavit that addresses these points, providing clear and actionable plans for each encroachment case.
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The Divisional Commissioner’s fresh affidavit should also include details of any penalties imposed on the encroachers, or any legal action initiated against them. It should also specify whether any religious institutions have been cooperative in vacating encroached areas and whether any assistance has been provided to these institutions to find alternative locations for their activities.
Meanwhile, the court noted that Ladakh’s compliance report indicated no such encroachments on public streets, parks, or other public places. However, the HC directed that periodic checks and inspections should be conducted in Ladakh as well, to ensure that the situation remains the same and to prevent any future encroachments.
The matter is scheduled to be heard next on October 12. As the case moves forward, it will be interesting to see the administration’s detailed response and the specific steps they plan to take to protect and restore public spaces from encroachment. The HC’s directives highlight the importance of maintaining public spaces for the benefit of all citizens and the need for strict enforcement of laws against encroachment.
