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Jammu & Kashmir High Court
Romesh Chander Gupta And vs Jmc And Others on 2 February, 2026
Sr. No. 100
Supp. List-I
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT JAMMU
WP(C) No. 168/2026
Romesh Chander Gupta and .... Petitioner/Appellant(s)
another
Through:- Mr. Sachin Gupta, Advocate.
V/s
JMC and others .....Respondent(s)
Through:- Mr. Anchit H. Sharma, Advocate.
CORAM: HON'BLE MR. JUSTICE WASIM SADIQ NARGAL, JUDGE
ORDER
02.02.2026
1. The petitioner has called into question Notice No. JMC/ENF/5656-60
dated 24.01.2026, impugned in the present petition, which, according to
the petitioner, is perverse and illegal in the eyes of law laid down by the
Hon'ble Apex Court in Writ Petition (Criminal) No. 162/2022.
2. Learned counsel for the petitioner further submits that the respondents,
without issuing any show cause notice, have issued a final notice directing
the petitioner to remove the alleged violation specified therein within a
period of seven days from the issuance of the notice, failing which action
under the Municipal Corporation Act shall be initiated.
3. Learned counsel further submits that the premise in question has been
raised in conformity with the sanctioned plan issued in favour of
petitioner No. 2 and there is no violation. In the absence of any erection,
re-erection or deviation, the impugned notice cannot sustain the test of
law and is liable to be quashed.
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4. It is also submitted that if any action was required to be taken for such
alleged violation, the respondents were under a legal obligation to act in
conformity with the law laid down by the Hon'ble Apex Court in the
aforesaid matter. It is further submitted that the respondents had earlier
issued a notice dated 13.09.2025 wherein the only allegation was
regarding the running of a crèche and there was no allegation of any
construction violation as now alleged in the impugned final notice, which
is the subject matter of the instant petition.
5. It is the specific case of the petitioner that without issuing any show
cause notice, the respondents, without any justifiable cause, rhyme or
reason, proceeded to issue the demolition notice referring to the alleged
violations, without following due process of law. On this count alone, the
impugned notice is liable to be quashed, as the petitioner has been
condemned unheard.
6. At this stage, Mr. Sachin Gupta, learned counsel for the petitioner, has
drawn the attention of this Court to an order passed by a Coordinate
Bench of this Court in WP(C) No. 157/2026 on 31.01.2026 involving
similar facts and circumstances and submits that a similar order be passed
in the present matter also.
7. Heard learned counsel for the petitioner at length and perused the
record.
8. Prima facie case for interim relief is made out.
9. Issue notice to the respondents, which is waived by Mr. Anchit H.
Sharma, Advocate, on behalf of all the respondents. He seeks and is
granted three weeks' time to file the response.
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10. Meanwhile, subject to objections from the other side and till the next
date of hearing before the Bench, the impugned Notice No.
JMC/ENF/5656-60 dated 24.01.2026 shall remain stayed.
Alteration/modification on laying a motion.
11. However, it is made clear that the petitioner shall not raise any further
construction until the same is modified/vacated by this Court.
(Wasim Sadiq Nargal)
Judge
Jammu:
02.02.2026
Michal Sharma/PS
