Jammu & Kashmir High Court
Pankaj Gupta & Anr vs Jammu Municipal Corporation & Ors on 2 July, 2025
Author: Moksha Khajuria Kazmi
Bench: Moksha Khajuria Kazmi
Sr. No. 101
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT JAMMU
WP(C) 1630/2025
CM 3744/2025
Pankaj Gupta & Anr. .....Applicant(s)/Petitioner(s)
Through :- Mr. Rahul Pant, Sr. Advocate with
Ms. Arsha Sharma, Advocate
v/s
Jammu Municipal Corporation & Ors. .....Respondent(s)
Through :- Mr. Rajneesh Raina, Advocate
CORAM: HON'BLE MS. JUSTICE MOKSHA KHAJURIA KAZMI, JUDGE
ORDER
02.07.2025
By this petition, the petitioners herein have sought quashment of
notice No. JMC(DC(N)/ENF/995-98 dated 28.06.2025 issued by respondent
No. 3, whereby the petitioners have been called upon to show cause as to why
action, as warranted under Section 253(1) of the J&K Municipal Corporation
Act, 2000 read with the J&K Unified Building Bye-Laws, 2021, may not be
initiated against them.
Mr. Rahul Pant, learned senior counsel representing the petitioners,
submits that the impugned notice has been issued by respondent No.3 by
invoking the provisions contained in Chapter XIV of the J&K Municipal
Corporation Act, 2000, despite the fact that Section 253(1) of the said Act
cannot be invoked in the absence of a town planning/building scheme, which
has yet to be formulated in terms of Section 260 of the Act. He has further stated
that the impugned action has been taken without any spot inspection and at the
behest of certain vested interests seeking to settle personal scores against the
petitioners.
2
On the other hand, Mr. Rajneesh Raina, learned counsel for the
respondents, has relied upon an order dated 17.06.2025 passed by this Court in
Rajni Devi vs. Jammu Municipal Corporation and others
(WP(C) No. 1560/2025, whereby the writ petition has been disposed of with
liberty granted to the petitioner therein to challenge the order of demolition in
terms of Section 253 of the Municipal Corporation Act. Mr. Raina has also
produced a copy of the Unified Building Bye-laws, 2021, which have been
published in the Government Gazette of October, 2021. He has submitted that
since the show cause notice has been issued in accordance with the said Bye-
Laws, the petitioners ought to submit response thereto. He further states in
WP(C) No. 1560/2025 (supra) has not dealt with the requirement under Section
260 of the Municipal Corporation Act.
Issue notice to the respondents.
Mr. Rajneesh Raina, waives notice on behalf of the respondents. He
seeks and is granted a week’s time to file a comprehensive reply, with an
advance copy to be furnished to the counsel for the petitioners.
List on 14.07.2025, higher-up.
Meanwhile, subject to objections from the other side and till next
date before the Bench, the parties are directed to maintain status quo.
(MOKSHA KHAJURIA KAZMI)
JUDGE
JAMMU
02.07.2025
AKHILESH