High Court Seeks Fresh Affidavit on Religious Encroachments, Directs J&K Administration to Detail Action Taken

JAMMU, August 20: The High Court of Jammu & Kashmir and Ladakh has directed the Divisional Commissioner, Jammu, to file a fresh and detailed affidavit identifying religious structures allegedly constructed on public streets, parks and other public places and to specify the action taken by the Jammu & Kashmir administration against such encroachments.

A Division Bench comprising Acting Chief Justice Sanjeev Kumar and Justice Mohd Yousuf Wani passed the directions while hearing WP(C) PIL No. 1/2020, titled In Re: Encroachment of Public Land for Religious Structures.

The PIL concerns alleged encroachment of public land for construction of religious structures, including temples, mosques, churches and gurdwaras.

The Court noted that, in compliance with its earlier order dated September 2, 2025, the Divisional Commissioner, Jammu, had submitted a status report identifying encroachments on State, Kahcharai and Shamilat Deh land for construction of places of worship belonging to different religions.

However, the Bench observed that the report did not clearly indicate whether any religious structures had been constructed on public streets, public parks or other public places.

The Court further noted that the status report did not provide details of the specific action taken by the UT Administration to remove existing encroachments or the measures adopted to prevent similar encroachments in the future.

Fresh Status Report Ordered

Taking note of the deficiencies, the Division Bench directed the Divisional Commissioner, Jammu, to submit a fresh status report on affidavit.

The affidavit will have to clearly identify any religious structures allegedly encroaching upon public streets, parks and other public places.

The administration has also been directed to specifically disclose the steps taken to remove existing encroachments and the measures put in place to prevent fresh violations.

Appearing for the UT Administration, Senior Additional Advocate General Monika Kohli sought time to submit the detailed affidavit. The Court granted the administration six weeks to place the requisite information on record.

Advocate Pariksha Parmar appeared as Amicus Curiae in the PIL.

Matter Listed for October 12, 2026

The Division Bench directed that the matter be listed along with OWP No. 1/2019 on October 12, 2026, which is pending adjudication before the Srinagar Wing of the High Court.

The Court also directed that a copy of its latest order be placed on the record of the said case.

The latest directions reflect the High Court’s emphasis on obtaining a clear, comprehensive and religion-neutral account of encroachments on public land, along with details of action taken by the administration to address existing violations and prevent their recurrence.