Srinagar, Aug 29: The Jammu and Kashmir and Ladakh High Court has sought a fresh, detailed account of alleged encroachments by religious structures on public streets, parks and other public places in Kashmir, directing the administration to specify the action taken against existing violations and measures adopted to prevent fresh encroachments.

A Division Bench comprising Acting Chief Justice Sanjeev Kumar and Justice Mohammad Yousuf Wani directed the Divisional Commissioner, Kashmir, to file a fresh affidavit identifying such encroachments, if any, within six weeks.
The direction came during the hearing of an ongoing public interest litigation concerning the alleged use of public land for religious constructions.
The court noted that the status report submitted by the Divisional Commissioner listed religious structures located on State, Kahcharai and Shamilat Deh land, but did not clearly establish whether any of them had encroached upon public streets, parks or other public places.
Seeking greater clarity, the Bench directed the administration to specifically identify any structures occupying public spaces and detail the action taken against them. It also sought information on preventive measures to ensure that unauthorised constructions do not come up in the future.
The fresh report will cover all religious institutions, including mosques, temples, churches and gurdwaras, underscoring the court’s direction for an even-handed and comprehensive assessment.
The administration has been given six weeks to submit the affidavit, with the matter scheduled for hearing on October 12.
The proceedings are significant in light of the Supreme Court’s 2009 directions prohibiting unauthorised religious constructions on public streets, public parks and other public places. The apex court had also directed authorities to examine existing structures on a case-by-case basis. In 2018, the Supreme Court entrusted the respective High Courts with monitoring implementation of these directions.
The J&K High Court has been examining the matter separately through the ongoing PIL. Its latest order seeks to bridge the gap between a general listing of religious structures on government land and a specific assessment of encroachments affecting public spaces.
Meanwhile, the Bench took note of a compliance report from Ladakh stating that no religious institution had encroached upon public streets, public parks or other public places there.
The court’s latest direction places the onus on the Kashmir administration to provide a clear factual account and demonstrate that public spaces are protected through effective enforcement and preventive mechanisms.