Som Nath vs State Of J&K And Others
2021 Latest Caselaw 1271 j&K

                                                                  Sr. No. 1
         HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                         AT JAMMU
CJ Court

Case: WP (C) PIL No. 9 of 2021


     Som Nath                                        ...Petitioner(s)/Appellant(s)

                                   Through: Sh.Vilakshana Singh, Advocate.

                                    V/s

     State of J&K and Others                                    .... Respondent(s)

                                    Through: Sh. S. S. Nanda, Sr. AAG.


          CORAM:
          HON'BLE THE CHIEF JUSTICE
          HON'BLE MR. JUSTICE RAJNESH OSWAL, JUDGE


                                       ORDER

1. A Division Bench of this Court while hearing LPA No.75/2021, Som

Nath v. State of J&K in its judgment and order dated 16.09.2021 has

observed that in the absence of the Rules/Regulations/Bye-laws/Schemes

governing the construction activity in some of the areas covered by the

Municipalities, large-scale activity is going on in an illegal way disturbing

the entire infrastructure of the cities and causing serious problems with

regard to civic amenities. The court, therefore, opined that the matter be

dealt with as a public interest litigation for the purposes of getting the

necessary Rules/Regulations/Bye-laws framed for the purposes of

controlling the building activities in such areas.

2. Accordingly, we direct that the PIL be registered as 'Court on its own

motion v. Union Territory of J&K through its (i) Chief Secretary; and (ii)

Commissioner/Secretary, Housing and Urban Development Department.

3. Sh. S S Nanda, Sr. AAG appearing for the respondents submits that in

respect of some municipalities, building bye-laws are already in place and in 2 WP(C) PIL 9/2021

respect of all other urban bodies, the Union Territory has framed a set of

bye-laws which are in the final stage.

4. Sh. Nanda prays for and is allowed six weeks' time to inform of the

status/progress of the said bye-laws.

5. List on 22.11.2021.

                       (RAJNESH OSWAL)              (PANKAJ MITHAL)
                                 JUDGE                CHIEF JUSTICE
Jammu
07.10.2021
Tilak