PIL against illegal encroachments
Excelsior Correspondent
JAMMU, Apr 25: In a Public Interest Litigation (PIL) highlighting the illegal encroachments by the shopkeepers and other unknown persons in the JDA Shopping Complex near City Chowk and also in the adjoining areas, a Division Bench of Jammu & Kashmir and Ladakh High Court comprising Chief Justice N Kotishwar Singh and Justice Rahul Bharti has directed the Divisional Commissioner, Jammu who has been appointed as Nodal Officer to ensure compliance of the various directions issued from time to time within a period of three weeks from today.
After hearing Advocate Ajay Sharma appearing for the PIL, the DB observed, “we do not need to refer to the various orders passed by this court for the eviction of encroachers, more particularly, in the areas of Janipur, Amphala Kacchi Chawni, Mubarak Mandi, old city, Hari Market, Raghunath Bazar”, adding “we direct the Nodal Officer to ensure compliance of directions within a period of three weeks”.
The DB also found it necessary to array Commissioner, Food Safety, Jammu as a party respondent and accordingly issued directions in this regard.
Vide order dated July 26, 2019, DB directed Commissioner, Jammu Municipal Corporation to furnish the information vis-à-vis implementation of provisions of the Municipal Corporation Act and the FSSAI Act and the Rules framed thereunder.
On December 12, 2021, Division Bench issued directions for bringing on record the Model Scheme/Rules/Bye-Laws framed by the Housing and Urban Development Department under the Street Vendors (Protection of Livelihood And Regulation of Street Vending) Act, 2014.
Vide order dated March 9, 2022, Division Bench directed JDA to apprise the court about the final outcome of 38 notices issued to the shopkeepers having shops in JDA Shopping Complex City Chowk, who have encroached the corridors.
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