J&K&L High Court Flags 'Unchecked Commercialisation' In Srinagar's Balgarden Area, Calls For Time-Bound Action Plan From Civic Body

The Court has directed the Chief Secretary of the Union Territory to form a high-powered committee, chaired by the Commissioner of the Srinagar Municipal Corporation (SMC), tasked with pinpointing all officials accountable for permitting such violations within their respective jurisdictions.

Justice Wasim Sadiq Nargal passed these directions in an order while hearing a writ petition that has remained pending for more than nineteen years, arising from serious allegations that several residential structures in Balgarden, an area in Srinagar that has been illegally converted into commercial establishments in violation of zoning norms and building laws.

The Court noted that despite repeated directions since May 2024, the respondents failed to comply with orders requiring an updated status report on the alleged illegal conversions. Even a last and final opportunity granted in October 2024 yielded no compliance, nor did the concerned respondent appear before the Court, compelling the issuance of bailable warrants of ₹10,000.

Although the Commissioner, SMC appeared in December 2024 and informed the Court that a Committee had been constituted to examine the violations, the subsequent orders also remained unimplemented, and further time was repeatedly sought by the Government counsel across multiple hearings until mid-2025.

While considering the application through which the Committee report was ultimately placed on record, the Court came across an allegation that the petitioners had “managed” to secure a status quo order from the Court. Justice Nargal described this pleading as highly objectionable, prompting the Deputy Advocate General to withdraw the statement unconditionally. The Court cautioned the respondents to exercise greater care in future filings.

The Committee, constituted by the Commissioner, SMC, conducted field visits along with officers from Town Planning, Enforcement, Anti-Encroachment and the local Ward. During these visits, building owners allegedly failed to produce permission documents or occupancy details. The Committee mapped the area using a Google Earth extract and identified fifty-four structures that exhibited violations of zoning norms, unauthorized change of land use and misuse of residential buildings as commercial premises, leading to an increased commercial footprint in the locality.

The report also documented severe strain on local infrastructure and recorded that the day-time parking of vehicles by commercial visitors and office goers was choking the inner lanes of Balgarden to such an extent that emergency vehicles often struggled to access the neighbourhood.

Although the Committee described its report as “preliminary,” the Court held that this label appeared to be an attempt to buy time rather than a reflection of any genuine incompleteness. Justice Nargal observed that the report, in fact, set out detailed findings, identified each violation, and even suggested corrective frameworks, including enforcement of building permissions, compliance with Master Plan 2035, strengthening infrastructure, improving coordination among enforcement wings, and engaging with the local community.

In the Court's view, the comprehensive nature of the findings left no room for the respondents to avoid their responsibility by characterising it as a preliminary exercise.

Justice Nargal further remarked that the widespread violations documented in the report revealed a larger pattern of enforcement breakdown across Srinagar. The Court found that once the SMC had admitted the existence of violations, it was duty-bound to examine each structure in light of the Master Plan Srinagar-2035, JKUBBL 2021 and the provisions of the J&K Municipal Corporation Act, 2000, and thereafter take lawful action against all non-compliant constructions.

The Corporation, the Court said, was equally obliged to adopt corrective and reformatory measures to ease the infrastructural burden caused by unauthorized commercial activity and to ensure that residents were not deprived of a safe and orderly living environment.

The Court emphasised that filing a report without implementing its recommendations would render the entire exercise meaningless. Justice Nargal noted that unless the corrective measures are executed on the ground and accountability is fixed for past derelictions, constituting a committee serves no purpose beyond creating paperwork.

The Court therefore directed the respondents to file a detailed supplementary affidavit within two weeks, presenting a time-bound action plan demonstrating exactly how the Committee's findings and recommendations will be implemented to curb unauthorized conversions, violations and illegal parking in the area.

Aiming to ensure institutional accountability, the Court al ordered the Chief Secretary of the Union Territory to constitute a high level Committee headed by the Commissioner, SMC, to identify all officials who were responsible for allowing such violations to occur “under their domain.”

The Court directed that responsibility must be fixed strictly and that a report to this effect be placed before the Court on the next date of hearing. The matter has been directed to be listed again on 26 December 2025 for further review.

Case Title: Ghulam Rasool Zargar & Ors Vs State of J&K & Ors

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