Religious Structures On Public Places: J&K&L High Court Seeks Status Report, Asks UT To Detail Removal & Prevention Measures
The High Court of Jammu & Kashmir and Ladakh has directed the Divisional Commissioner, Jammu, to file a fresh status report on affidavit clearly identifying encroachments, if any, made on public streets, public parks and other public places in the name of temples, churches, mosques and gurdwaras, besides detailing the steps taken by the Union Territory Administration for their removal and...
The High Court of Jammu & Kashmir and Ladakh has directed the Divisional Commissioner, Jammu, to file a fresh status report on affidavit clearly identifying encroachments, if any, made on public streets, public parks and other public places in the name of temples, churches, mosques and gurdwaras, besides detailing the steps taken by the Union Territory Administration for their removal and for preventing such encroachments in future.
The Court was hearing a Public Interest Litigation concerning encroachment of public land for construction of religious structures.
A Bench comprising Acting Chief Justice Sanjeev Kumar and Justice Mohd Yousuf Wani, while passing the order, noted that the status report submitted by the Divisional Commissioner pursuant to an earlier direction of the Court did indicate encroachments on State, Kahcharai, Shamilat Deh and other land for construction of places of worship, but did not clearly disclose whether such structures had encroached upon public streets, public parks or other public places.
The proceedings arise out of Public Interest Litigation concerning the matter of encroachment of public land for religious structures.
In compliance with an earlier order the Divisional Commissioner, Jammu, had filed a status report before the High Court enumerating encroachments made on State/Kahcharai/Shamilat Deh land and other land for raising constructions of places of worship by different religions in the Kashmir Division. The report disclosed the existence of mosques, temples, churches and gurdwaras constructed on such land.
However, the Court found that the report did not specifically address whether encroachments had been made on public streets, public parks or other public places in the name of religious structures.
Examining the status report, the Bench observed,
“….The Divisional Commissioner, Jammu, however, has not clearly indicated the encroachments, if any, made in the name of Temples, Churches, Mosques or Gurdwaras, etc. on public streets, public parks or other public places. The Divisional Commissioner has also not indicated steps, if any, initiated by the Union Territory Administration to deal with existing encroachments as also to prevent such encroachments in future”
In view of these deficiencies, the Court directed the Divisional Commissioner, Jammu, to submit a fresh status report on affidavit. The Court specifically directed that the fresh report should clearly indicate the encroachments, if any, found to have been made on public streets, public parks or other public places in the name of temples, churches, mosques or gurdwaras.
Ms. Monika Kohli, Senior Additional Advocate General appearing for the respondents, sought time to file a detailed affidavit. The Court granted six weeks' time for filing the same.
The matter has been directed to be listed on October 12, 2026 for further consideration.
Case Title: In Re-in the Matter of Encroachment of Public Land for Religious Structures