J&K&L High Court Orders SMC-Led High-Powered Panel, Time-Bound Plan To Address Unchecked Commercialisation In Srinagar’s Balgarden Area
Deekshitha Sharmile
The High Court of Jammu & Kashmir and Ladakh Single Bench of Justice Wasim Sadiq Nargal has directed the authorities to file, within two weeks, a detailed action plan to implement a survey report on illegal commercial use, building violations and unauthorized parking in the Balgarden area of Srinagar. Acting on a writ petition by local residents against municipal and government authorities over alleged unlawful conversions of residential properties and obstruction of internal lanes, the Court recorded concern over prolonged inaction and structural enforcement lapses by the Srinagar Municipal Corporation, noting that unchecked commercialisation of Balgarden reflects wider enforcement issues in the city. The Court further ordered the Chief Secretary to establish a committee headed by the SMC Commissioner to identify officials responsible for permitting such violations.
The writ petition was filed challenging unauthorized conversions of residential houses into commercial establishments in the Balgarden area of Srinagar. The matter remained pending for over nineteen years. The Court had earlier directed the respondents to file updated status reports regarding the premises being used for commercial purposes. Despite repeated opportunities, the respondents failed to comply, leading to issuance of bailable warrants against one respondent to secure presence.
Subsequently, the Srinagar Municipal Corporation constituted a committee to conduct a survey of the area. The committee carried out field visits, identified 54 structures, and annexed geo-tagged photographs. The report highlighted violations of building permissions, land use zoning, and unauthorized conversions. It also noted issues of illegal parking and strain on infrastructure.
The committee recommended strict enforcement of building regulations, review of structures under the Master Plan Srinagar-2035 and JKUBBL-2021, infrastructure development, and community engagement. It also proposed measures to address unauthorized parking. However, the report was described as preliminary due to lack of cooperation from owners and unauthenticated particulars. The Court examined the findings and considered statutory provisions including the J&K Municipal Corporation Act, 2000, Master Plan Srinagar-2035, and JKUBBL-2021.
Justice Wasim Sadiq Nargal recorded: “The preliminary analysis of the listed structures reveals several instances of change of land use and zoning building regulations, violation of building permissions (if any) in the area etc.” The Court stated: “Because of unauthorized building use conversions, the area has witnessed little increase of commercial activity and on street parking which results some strain on local infrastructure and community as well.”
It was observed: “The problem is further aggregated by day time parking of vehicles parked by the people working in the nearby offices and the commercial establishments existing along the main road in an around the Balgarden area.” The Court noted: “Strict Enforcement: Directions need to be issued to the concerned to ensure effective enforcement of building permissions, compliance to land use zoning and prevention of further unauthorized building use conversions in the area.”
It was recorded: “Structure enlisted by the Committee need to be reviewed on case-to-case bases in terms of land use policy and other provisions of the Master Plan Srinagar - 2035 and the JKUBBL-2021. The Court stated: “Steps need to be taken for proper provisioning of infrastructure to address the impact of building use conversions on local streets, utilities and services.”
It was observed: “The concerned authority shall engage with local stakeholders to raise awareness about the importance of compliance with land use zoning and other regulations and its impact on quality of living in the neighbourhood.”
The Court noted: “Besides, the Committee observes that one of the key issues faced by the locals is obstruction of inner access lanes due to unauthorized parking encroaching on private driveways and community spaces.” It was recorded: “The unchecked and unauthorised commercialization of Balgarden… reflects broader enforcement challenges in Srinagar.”
The Court stated: “The report reveals several instances of non-compliance and violations of building permissions highlighting the need for stricter enforcement, accountability, internal coordination between enforcement and planning wings of SMC and community engagement.”
It was observed: “The parking crisis in Balgarden demands urgent intervention to restore residents, peace and safety.” The Court noted: “Immediate action in terms of robust and watchful enforcement is recommended to prevent the violations and unauthorised conversions in the area.”
The Court directed: “Accordingly, this court deems it proper to direct the respondents to submit a detailed action-plan in the form of supplementary affidavit within two weeks strictly in terms of the findings and conclusions contained in the Committee's report, which for all practical purposes stands treated as a comprehensive report.”
“Let a detailed supplementary affidavit be filed within two weeks in the form of an action-plan demonstrating the steps proposed to implement the Committee's recommendations so as to curb unauthorized conversions, violations and illegal parking in the said area.”
“Before parting, this Court deems it appropriate to direct the Chief Secretary to constitute a Committee headed by Srinagar Municipal Commissioner and other senior officers to fix responsibility upon all officials of the Municipal Corporation who were at the helm of affairs at the time when such constructions and violations took place.”
Advocates Representing the Parties
For the Petitioners: Mr. M. I. Qadiri, Sr. Adv. with Mr. Irshad Mohi ud Din, Adv.
For the Respondents: Mr. Bikramdeep Singh, Dy. AG
Case Title: Ghulam Rasool Zargar And Others v. State Govt of J and K Others
Case Number: OWP 118/2006 CM(8279/2024) CM(4370/2025)
Bench: Justice Wasim Sadiq Nargal
