Jammu and Kashmir High Court Orders Action Plan to Curb Unauthorized Commercialization in Srinagar

Court Directs Strict Enforcement and Accountability Measures to Address Building Violations and Parking Crisis in Bal-Garden Area

In a significant ruling, the Jammu and Kashmir High Court has directed the implementation of a detailed action plan to address unauthorized commercialization and building regulation violations in Srinagar's Bal-Garden area. The order, issued by Justice Wasim Sadiq Nargal, mandates the submission of an action plan by the respondents within two weeks, following the findings of a committee that conducted a comprehensive survey of the area.

The court's decision comes after a prolonged legal battle initiated by Ghulam Rasool Zargar and others against the State Government of Jammu and Kashmir, highlighting unauthorized conversions of residential properties into commercial establishments in the Bal-Garden area. The committee's report uncovered multiple instances of non-compliance with land use zoning and building permissions, leading to increased commercial activity and unauthorized parking, which have strained local infrastructure and community resources.

Justice Nargal emphasized the necessity for immediate enforcement of building regulations and accountability mechanisms to prevent further unauthorized conversions. The court underscored the importance of community engagement and infrastructure development to mitigate the impact of these violations on local residents.

The respondents, including the Srinagar Municipal Corporation (SMC), have been directed to file a supplementary affidavit detailing the steps to be taken to implement the committee's recommendations. The court has also instructed the Chief Secretary to form a committee to identify and hold accountable officials responsible for permitting such violations.

This ruling aims to restore order and safety in the Bal-Garden area, ensuring compliance with the Master Plan Srinagar-2035 and the J&K Municipal Corporation Act, 2000. The next hearing is scheduled for December 26, 2025, to monitor the progress of the action plan.

Bottom Line:

Unauthorized commercialization of residential areas and violations of building regulations in Srinagar, particularly in the Bal-Garden area, demand strict enforcement, institutional accountability, and community engagement. Municipal authorities are obligated to ensure compliance with land use policies and address infrastructure impacts.

Statutory provision(s): Municipal Corporation Act, 2000, Master Plan Srinagar-2035, JKUBBL-2021, J&K Municipal Corporation Act, 2000

Ghulam Rasool Zargar v. State Govt of J And K, (Jammu And Kashmir)(Srinagar) : Law Finder Doc Id # 2814148