
The High Court of Jammu and Kashmir and Ladakh has directed the Divisional Commissioner of Jammu to file a fresh affidavit clearly identifying encroachments, if any, on public streets, parks and other…
The High Court of Jammu and Kashmir and Ladakh has directed the Divisional Commissioner of Jammu to file a fresh affidavit clearly identifying encroachments, if any, on public streets, parks and other public places by temples, churches, mosques and gurdwaras. The court also wants the administration to specify steps taken for removal and prevention of such encroachments.

Hearing a public interest litigation on the issue, a bench of Acting Chief Justice Sanjeev Kumar and Justice Mohd Yousuf Wani found that a previous status report listed religious structures built on state and common land but did not clarify if they occupied public streets or parks. The court granted six weeks to file the detailed affidavit.
Senior Additional Advocate General Monika Kohli sought time for the response. The matter will be heard next on 12 October 2026.
The case is the latest in a long-running conflict over public land use in Jammu and Kashmir, where unregulated religious construction has been a recurring complaint in petitions for decades. Under the Jammu and Kashmir Land Revenue Act and the Public Premises (Eviction of Unauthorised Occupants) Act, government land, including village common land (Shamilat Deh), is legally reserved for public purposes, unauthorised religious structures are technically encumbered and subject to removal. The court's insistence on a fresh report suggests the administration's previous compliance was judged inadequate. What is at stake is the enforcement of land laws against religious sites that often enjoy political and social protection, especially in the sensitive context of the Kashmir valley. The next milestone is 12 October 2026, when the court will review the Divisional Commissioner's affidavit and decide whether to order demolition or regularisation of any encroachments identified.
Source: livelaw.in
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