PIL on illegal religious structures: DB seeks fresh affidavit on encroachments
21/08/2026
JAMMU, Aug 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 raised on public streets, parks and other public places and disclose the action taken by the UT Administration to remove existing encroachments and prevent fresh violations.
A Division Bench comprising Acting Chief Justice Sanjeev Kumar and Justice Mohd Yousuf Wani passed the directions in WP(C) PIL No. 1/2020, titled In Re: Encroachment of Public Land for Religious Structures.
The PIL concerns alleged encroachments on public land for construction of religious structures, including temples, mosques, churches and gurdwaras.
The Bench noted that, pursuant to its earlier order dated September 2, 2025, the Divisional Commissioner had filed a status report detailing encroachments on State, Kahcharai and Shamilat Deh land in the Kashmir Division for construction of places of worship.
However, the court observed that the report did not specifically disclose whether such structures had come up on public streets, parks or other public places. It also found the report silent on the steps taken by the UT Administration to remove existing encroachments and prevent similar violations in the future.
The Bench accordingly directed the Divisional Commissioner to file a fresh status report by way of affidavit, specifically identifying religious structures found on public streets, parks and other public places and detailing measures taken for their removal and prevention of future encroachments.
Senior Additional Advocate General Monika Kohli, appearing for the UT Administration, sought time to file the detailed affidavit. The court granted six weeks to place the required information on record.
Advocate Pariksha Parmar appeared as Amicus Curiae in the PIL.
The Bench directed that the matter be listed along with OWP No. 1/2019 on October 12, 2026, pending before the Srinagar Wing of the High Court. A copy of the latest order was also directed to be placed on the record of the said case.
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