As the Divisional Commissioner, Jammu has already been nominated as Nodal Officer for enforcement of the directions issued by this Court from time to time, accordingly we dispose of this Public Interest Litigation with the following directions: (i) The Jammu Municipal Corporation shall ensure that no public pathway/road/street/nullah is encroached by any one and shall conduct anti-encroachment drive in the whole City of Jammu every VERDICTUM.IN 8 PIL No. 27/2017 fortnight and during drive, the encroachments temporary or permanent made by the shopkeepers or any commercial establishment on the pathways/streets/roads/nullahs be removed. No commercial establishment be permitted to place their gadgets on the street/pathway/road/nullah. (ii) The Jammu Municipal Corporation shall educate the shopkeepers or owners of commercial establishments against encroaching any street/road/pathway/nullah for the purpose of displaying/selling their goods/ keeping their gadgets and consequences of the violations thereof
(iii) The errant shopkeepers/owners of commercial establishments, who despite being challaned and fined, repeat their actions again and display their merchandise by extending their shops or placing their gadgets on the public road/street/pathways, the Jammu Municipal Corporation in addition to penal provisions, shall also proceed against the encroachers in terms of section 232 of the Municipal Corporation Act. The Jammu Municipal Corporation shall also proceed against such violators in terms of section 371 of the Municipal Corporation Act.
(iv) If despite repeated fines and action under section 232 of the Municipal Corporation Act, the violator(s) still continue(s) with his/their illegal activities, the Jammu Municipal Corporation, shall seal the shop/commercial establishment after the failure on the part of violator to remove the violation within 10 days of the notice to remove the violation(s). VERDICTUM.IN 9 PIL No. 27/2017 (v) The Jammu Development Authority shall ensure that the shopkeepers in the JDA Complex situated at City Chowk, Jammu do not encroach the pathways in front of their shops and in case of repeated violations may issue notice for cancellation of their lease deeds and thereafter proceed in accordance with law.
(vi) 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.
(vii) The Jammu Municipal Corporation shall also ensure that rehries operate only at the designated places and no obstruction is caused in smooth flow of traffic due to illegal operation of rehries.
(viii) The authority concerned shall ensure the implementation of Street Vendors (Protection of Livelihood and Regulation Street Vending) Act, 2014 and Rules of 2021 framed there-under, in its letter and spirit. 15. The Senior Superintendent of Police, Jammu is directed to provide the necessary protection to the officers of Jammu Municipal Corporation and Jammu Development Authority whenever required. As the Divisional Commissioner, Jammu has already nominated as Nodal Officer, he shall hold the meeting with the Commissioner, Jammu Municipal Corporation and Vice Chancellor, Jammu Development Authority regularly, so that the directions issued as mentioned above, are complied with in its letter and spirit. While removing the encroachments, the officials concerned shall use minimal force, so that no unnecessary harassment is caused to anyone. VERDICTUM.IN 10 PIL No. 27/2017 16. While appreciating the sincere efforts made by Mr. Ajay Sharma, the learned Amicus curiae, we close the proceedings in this PIL with liberty to Mr. Ajay Sharma, the learned Amicus and any other public-spirited person to bring to the notice of this Court non-compliance of the directions of this court by the officers/authorities as mentioned above.
