Excelsior Correspondent
JAMMU, Apr 11: Division Bench of the State High Court comprising Acting Chief Justice Ramalingam Sudhakar and Justice Sanjeev Kumar today took serious note of encroachments in old city by the shopkeepers and others and issued directions for sealing of shops in case of repeated violations of law.
The direction was passed in a Public Interest Litigation filed by Jagdish Chander Gupta highlighting encroachments by the shopkeepers and other persons in the JDA Shopping Complex, Mohalla Old Hospital Road near City Chowk and also in the adjoining areas.
“The shopkeepers despite being challaned and fined repeat their action and display their merchandise by extending their shops on the public roads/streets/pathways”, the DB observed, adding “the JMC, in addition to invoking penal provisions, shall also proceed against the encroachers in terms of Section 232 of the Municipal Corporation Act, 2000. However, in case of repeated violations, the JMC shall proceed against such defaulters/encroachers in terms of Section 371 of the Municipal Corporation Act”.
The DB further observed, “as is apparent from perusal of the Section 371, the Jammu Municipal Corporation is empowered to take such steps or action as may be required to enforce the compliance of its orders/notices. Inherent in such power is the power to seal the premises so as to deter the defaulters from repeating violations”.
“In these circumstances, it is directed that in case any shop owner is found to be repeating the violation despite notice to refrain the Jammu Municipal Corporation shall immediately and forthwith seal the shop after giving him a notice specifying a time limit of 10 days from date of receipt to correct its violations”, the DB said and ordered that no court subordinate to this court shall interfere or order de-sealing of the premises.
DB also directed JDA to ensure that the encroachments in and around JDA shopping complex situated at Purani Mandi, Jammu are removed by following the procedure prescribed by law.
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