JAMMU, Aug 18: Justice Wasim Sadiq Nargal of the High Court has directed J&K Government authorities to file a detailed response on the criteria adopted for granting full commercial use of buildings in Jammu’s Channi Himmat locality.
The order came during the hearing of a petition by Uma Arora and another, challenging a 2015 building permission that allowed only partial commercial use of their property. The petitioners argued that their building is located in an area that has become “100% commercial” and claimed denial of full commercial status was arbitrary and discriminatory. They also placed photographs of adjoining buildings allegedly granted such permissions.
The Additional Advocate General (AAG), opposing the plea, submitted that the permission was issued in line with the J&K Municipal Corporation Act, the Control of Building Operations Act, 1988, and the sanctioned Master Plan. The respondents argued that the Tribunal had only compounded excess construction, not authorized full commercial use, and that such permissions would violate planning laws.
The court noted that the petitioners, in their rejoinder affidavit, reiterated that several nearby buildings have been given full commercial status and alleged “pick and choose” discrimination. They sought time to file a supplementary affidavit listing all such business houses with supporting photographs.
Allowing the request, the court gave the petitioners three weeks to file the supplementary affidavit. The respondents have been directed to reply within two weeks thereafter, providing details of each building granted 100% commercial use, along with the criteria applied. The authorities must also produce relevant records in court on the next date of hearing.
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