Isabella Mariam

The High Court of Jammu & Kashmir and Ladakh Division Bench of Chief Justice Arun Palli and Justice Rajnesh Oswal held that encroachments on public pathways, roads, streets, and nullahs by shopkeepers, street vendors, or any other commercial establishments shall not be permitted under any circumstances. The Bench directed the Jammu Municipal Corporation to conduct anti-encroachment drives across Jammu City on a fortnightly basis and ensure strict enforcement of the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014 and its corresponding Rules of 2021. It was further mandated that commercial establishments violating orders would face sealing and further legal action as per the Municipal Corporation Act. The Divisional Commissioner, Jammu, was appointed as the Nodal Officer for monitoring implementation of these directions.

The petition originally filed as a Public Interest Litigation by the late Sh. Jagdish Raj concerning illegal encroachments in and around the JDA Shopping Complex, City Chowk, Jammu, was continued by the Court as a suo motu proceeding following the petitioner’s demise. The central issues raised were the illegal operation of Rehries (handcarts) and widespread encroachments by shopkeepers causing obstruction to pedestrian and vehicular traffic.

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On 28.03.2018, the Court observed the limited efforts by the Jammu Municipal Corporation (JMC) in removing such encroachments. The Court recorded: "While we appreciate the action initiated by the JMC for removing the illegal encroachments by the shop owners as also the street vendors, yet we feel that much more is required to be done." The Court directed relocation of street vendors to designated vending zones and forbade vending on public roads and pathways. Repeated violations by shopkeepers were to be dealt with under Sections 232 and 371 of the Municipal Corporation Act, which also empowered the JMC to seal premises.

Subsequent compliance reports revealed that JMC had carried out anti-encroachment drives with police assistance on 20.04.2018 and 21.04.2018, seizing materials that obstructed public pathways. Notices were served to habitual violators, warning that continued violations would result in sealing. In a status report dated 24.07.2018, the Jammu Development Authority (JDA) identified 38 shopkeepers as habitual offenders who re-encroached within days of each clearance operation.

The Court's order dated 26.07.2019 sought details on the licensing and regulation of food joints and Dhabas operating from footpaths, especially those selling non-vegetarian items near Jambulochan Complex and Amphalla. Queries included whether such permissions complied with the Municipal Corporation and FSSAI Acts, and whether these establishments caused public nuisance due to lack of parking and proximity to unhygienic locations. A report from the Inspector General of Police (Traffic), J&K, was also solicited.

JMC submitted that eight designated vending zones had been identified, and vigil was maintained to restrict illegal Rehries. The Court invoked the Supreme Court's judgment in Gainda Ram & Ors. v. MCD & Ors. (2010) 10 SCC 715, reiterating the need to balance hawkers' rights under Article 19(1)(g) with the public's right to unobstructed movement.

Rules under the Street Vendors Act, 2014 were officially notified on 29.01.2021. However, the Amicus Curiae, Mr. Ajay Sharma, continued reporting ongoing violations. Consequently, the Divisional Commissioner, Jammu, was appointed as Nodal Officer for overseeing compliance.

In a status report dated 13.03.2023, it was confirmed that 60 inspections were carried out, 36 establishments checked, and three unlicensed food joints operating on footpaths were fined and issued closure notices. The Court appreciated these actions in its 02.08.2023 order but noted that further efforts were needed.

A follow-up status report dated 26.11.2024 detailed compliance measures, while a JDA report dated 29.04.2025 confirmed issuance of show-cause notices to encroaching shopkeepers. An affidavit by the Assistant Commissioner, Jammu, confirmed ongoing drives and inspections under the Food Safety Act. No new vendor licenses were issued without JMC NOC post-09.09.2022.

The petition was ultimately concluded with directions ensuring enforcement of all regulatory frameworks.

The Bench recorded multiple legal and factual findings, noting the continuing encroachment despite earlier judicial interventions.

"Much more is required to be done" was noted regarding JMC’s anti-encroachment actions.

The Court stated: "As is apparent from perusal of the Section reproduced above, the Jammu Municipal Corporation is empowered to take such steps or action as may be required to enforce the compliance of its orders/notices. Inherent in such power is the power to seal the premises so as to deter the defaulters from repeating violations."

In its final review, the Bench recorded: "The learned Amicus continued to inform this Court that despite the repeated directions issued by this Court, encroachments are still being made by the violators."

It was also noted: "No license has been issued/granted to any food joint running their establishment from the footpath under section 31(2) of the Food Safety and Standards Act, 2006."

Reiterating the regulatory duty, the Bench recorded: "The Jammu Municipal Corporation shall ensure that no public pathway/road/street/nullah is encroached by anyone... and no commercial establishment be permitted to place their gadgets on the street/pathway/road/nullah."

On the duty to educate vendors, it stated: "The Jammu Municipal Corporation shall educate the shopkeepers or owners of commercial establishments against encroaching... and consequences of the violations thereof."

On repeated violations, the Court held: "If despite repeated fines and action under section 232 of the Municipal Corporation Act, the violator(s) still continue(s)... the Jammu Municipal Corporation, shall seal the shop/commercial establishment."

Regarding food joints: "The Jammu Municipal Corporation shall ensure that no food joint is operated on the roadside/pathway/street without permission from the Jammu Municipal Corporation and competent authority under Food Safety and Standards Act, 2006."

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The Court ordered the following directions:

• The Jammu Municipal Corporation shall ensure that no public pathway, road, street, or nullah is encroached by anyone. Anti-encroachment drives must be conducted throughout Jammu City every fortnight, targeting both temporary and permanent encroachments made by shopkeepers or commercial establishments.

• Commercial establishments shall not be permitted to place any gadgets on public roads, streets, pathways, or nullahs.

• JMC shall educate shopkeepers and commercial establishment owners regarding the prohibition of encroachments and the consequences of such violations.

• If any shopkeepers or commercial owners, despite being challaned and fined, continue to violate by extending their shops or placing gadgets on public spaces, JMC shall initiate proceedings under Section 232 and also act under Section 371 of the Municipal Corporation Act.

• Should violations continue despite these penalties, the establishment in question shall be sealed if the violator fails to comply within 10 days of receiving notice.

• The Jammu Development Authority shall ensure that shopkeepers in the JDA Complex at City Chowk, Jammu do not encroach pathways, and for repeated violations, initiate cancellation of lease deeds and take appropriate legal action.

• Food joints are not permitted to operate on public pathways, streets, or roads without valid permissions from both JMC and the competent authority under the Food Safety and Standards Act, 2006.

• Rehries must operate strictly within designated areas and must not obstruct traffic.

• Authorities must implement the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014 and the 2021 Rules in full spirit and letter.

• The Senior Superintendent of Police, Jammu, must provide protection to JMC and JDA officials during enforcement operations.

• The Divisional Commissioner, Jammu, acting as the Nodal Officer, shall conduct regular meetings with the heads of JMC and JDA to ensure strict compliance. Minimal force must be used during encroachment removals to prevent unnecessary harassment.

Proceedings in this PIL were concluded, with liberty granted to Mr. Ajay Sharma (Amicus Curiae) or any other public-spirited person to report any future non-compliance.

Advocates Representing the Parties:

For the Petitioner: Mr. Ajay Sharma, Advocate (Amicus Curiae)

For the Respondents: Mr. S. S. Nanda, Sr. AAG; Mr. Sunil Sethi, Sr. Adv. with Mr. Parimoksh Seth, Adv.; Mr. A. K. Sawhney, Adv.; Mr. Harshwardhan Gupta, Adv.; Mr. Sachin Dogra, Adv.; Mr. Atul Verma, Adv.

Case Title: Court of its Own Motion vs State of J&K and Others

Neutral Citation: 2025: JKLHC-JMU:1476-DB

Case Number: PIL No. 27/2017

Bench: Chief Justice Arun Palli and Justice Rajnesh Oswal

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