High Court Directs Jammu Municipal Corporation to Ensure Uniform Compliance with Building Regulations and Fire Safety Norms
In a landmark judgment, the Jammu & Kashmir and Ladakh High Court has addressed the issue of selective enforcement of municipal laws by the Jammu Municipal Corporation (JMC) against various establishments in Jammu. The court, presided over by Justice Wasim Sadiq Nargal, has directed the municipal authorities to ensure uniform enforcement of statutory provisions, in accordance with Article 14 of the Constitution of India, which mandates equality before the law.
The case, titled "Adm. Jammu Municipality v. Surat Singh," stems from allegations that the municipal authorities had selectively targeted respondent Surat Singh's establishment, while allowing other similar establishments with more serious violations to operate without any repercussions. The respondent utilized information obtained under the Right to Information Act, 2005, to highlight the discrepancies in enforcement, revealing widespread violations of building regulations, parking norms, and fire safety measures by several other establishments within the municipal limits.
The court has taken a firm stance against this selective enforcement, emphasizing the need for transparency and accountability in municipal governance. Justice Nargal directed the Commissioner of Jammu Municipal Corporation to file a comprehensive affidavit detailing the action taken against all defaulting establishments, including hotels, commercial establishments, and tuition centers. The affidavit must include area-wise details and propose a time-bound action plan for rectification and enforcement of the statutory provisions.
The court has further instructed the Commissioner to coordinate with other relevant departments to ensure effective implementation of building regulations, parking norms, and fire safety measures. A comprehensive survey is to be conducted to identify violations, and appropriate actions such as sealing, demolition, and prosecution are to be initiated without discrimination.
The judgment underscores the importance of upholding public safety, planned urban development, and strict compliance with municipal laws to ensure equitable treatment for all establishments. The case is set to be reviewed further on July 30, 2026, with the court demanding compliance with its directions, failing which the Commissioner is required to appear in person before the court.
Bottom line:-
Selective enforcement of municipal laws violates Article 14 of the Constitution of India. Municipal authorities must ensure uniform compliance with building regulations, parking norms, and fire safety measures, avoiding discriminatory action against any individual or establishment.
Statutory provision(s): Article 14 of the Constitution of India, Right to Information Act, 2005
Adm. Jammu Municipality v. Surat Singh, (Jammu & Kashmir and Ladakh) : Law Finder Doc id # 2935199
