Justice Wasim Sadiq Nargal passed the order after noting that the affidavit filed by the Jammu Municipal Corporation was deficient and did not adequately address the specific directions issued by the Court on July 2, 2026. The Court has now directed the Commissioner, JMC, to file a fresh and comprehensive affidavit setting out the steps already taken or proposed to be taken against defaulting establishments, along with a definite timeline for completion of the exercise.

The proceedings concern compliance with the Court's earlier directions relating to hotels, commercial establishments, coaching institutes and other buildings catering to the public within the jurisdiction of the Jammu Municipal Corporation.

By its order dated July 2, 2026, the Court had directed the Commissioner, JMC, to undertake a comprehensive survey and identify establishments functioning without sanctioned building plans, in violation of sanctioned plans, without mandatory parking facilities or without valid Fire Safety Clearance/NOC.

The Court had further directed that appropriate proceedings be initiated against every defaulting establishment “without discrimination”, including, wherever warranted, sealing of premises, demolition of unauthorised constructions, withdrawal of permissions, closure, prosecution and recovery of penalties.

When the matter came up on August 27, the counsel appearing for respondent No.1 submitted that the affidavit filed pursuant to the earlier directions was not in conformity with the Court's order. The Court noted that the affidavit did not adequately address the specific requirements laid down on July 2.

It consequently directed that a fresh affidavit be filed “strictly in conformity with the directions issued by this Court on 02.07.2026”, disclosing the steps already taken or proposed to be taken against all the defaulting establishments identified in the earlier proceedings.

Authorities Must Give Concrete Timeline For Enforcement

The earlier directions required the Commissioner to provide details regarding the number of establishments within JMC limits, the number having valid building permissions and completion/occupancy certificates, deviations from sanctioned plans, parking deficiencies and fire-safety violations.

The Commissioner was also required to place on record a time-bound action plan indicating how compliance with statutory requirements would be ensured.

The Court has reiterated that the fresh affidavit must specifically indicate “the steps taken/proposed to be taken and the timeline for completion of the exercise contemplated therein.”

Court Warns Officials Of Coercive Proceedings

Taking note of the urgency and the deficient compliance, the Court granted one week's time for filing the fresh affidavit. However, Justice Nargal made it clear that failure to comply could have serious consequences.

“Failing which, this Court shall be constrained to initiate appropriate coercive proceedings against the Commissioner, Jammu Municipal Corporation, the Director, Fire and Emergency Services, the Vice Chairman, Jammu Development Authority and the Inspector General of Police (Traffic).”, the court ordered.

During the present hearing, the Court also directed the concerned senior law officers to appear on the next date so that the Court could be apprised of the effective implementation of its earlier directions.

Justice Nargal directed Senior AAG Monika Kohli and senior counsel Adarsh Sharma to appear before the Court on the next date of hearing. They have been directed to assist the Court in assessing the implementation of the July 2 directions and the steps taken by the concerned departments in furtherance thereof.

The Court has listed the matter for September 3, 2026 as Case No. 1, and directed the Registry to immediately forward a copy of the order to the Commissioner, JMC, Director, Fire and Emergency Services, Vice Chairman, JDA and IGP (Traffic) for compliance.

Case Title: ADM, Jammu Municipality & Anr. v. Surat Singh & Anr.

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