Srinagar, August 28, KDC: The High Court of Jammu & Kashmir and Ladakh has directed the Divisional Commissioner, Kashmir, to file a fresh status report explicitly detailing encroachments, if any, made in the name of religious places of worship on public streets, parks, and other public places across the Kashmir Division, along with concrete steps taken to remove and prevent them.
A Division Bench comprising Acting Chief Justice Sanjeev Kumar and Justice Mohd Yousuf Wani issued the directions while hearing suo-moto proceedings concerning unauthorized religious structures constructed on public land.
The Bench took on record a compliance report dated August 17, 2026, submitted by the Divisional Commissioner, Kashmir, which enlisted encroachments on State, Kahcharai (grazing), and Shamilat Deh (village common) land utilized for constructing places of worship, including mosques, temples, churches, and gurdwaras.
However, the Court pointed out significant omissions in the administration’s response, observing that the report failed to clarify encroachments situated specifically on public thoroughfares or outline remedial administrative measures.
“The Divisional Commissioner, Kashmir, however, has not clearly indicated the encroachments, if any, made in the name of Temples, Churches, Mosques or Gurdwaras, etc. on public streets, public parks or other public places. The Divisional Commissioner has also not indicated steps, if any, initiated by the Union Territory Administration to deal with existing encroachments as also to prevent such encroachments in future,” the Bench observed.
Consequently, the Court directed the Divisional Commissioner to file a comprehensive affidavit addressing these aspects.
“Let a fresh status report on affidavit be filed by the Divisional Commissioner, Kashmir, indicating clearly the encroachments, if any, found to have been made on public streets, public parks or other public places in the name of Temples, Churches, Mosques or Gurdwaras. He shall also indicate clearly the steps taken by the Union Territory Administration to remove such encroachments and also to prevent such encroachments in future,” the Court directed.
On the request of Assisting Counsel Maha Majeed, appearing for the Union Territory administration, the Bench granted six weeks to file the detailed affidavit.
Meanwhile, the Court noted the compliance report submitted by the Union Territory of Ladakh, which affirmed that no encroachments by any religious institutions exist on public streets, public parks, or public places within Ladakh.
The High Court directed the matter to be listed on October 12, 2026, along with connected public interest litigation pending adjudication before the Jammu Wing of the Court.
Deputy Solicitor General of India (DSGI) T. M. Shamsi along with Advocate Rehana Qayoom appeared for the Union of India, while Assisting Counsel Maha Majeed appeared vice Senior Additional Advocate General Mohsin Qadri for the Jammu & Kashmir administration. (KDC)
