Jammu & Kashmir High Court
Jyotsana Lamba vs Jammu Municipal Corporation & Ors on 29 December, 2025
Author: Rahul Bharti
Bench: Rahul Bharti
Serial No. 184
Supplementary List-2
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT JAMMU
WP(C) No. 3753/2025
CM No. 8560/2025
Jyotsana Lamba
.....Petitioner
Through: Mr. Vikram Sharma, Sr. Advocate with
Mr. Irfaan Khan, Advocate and
Mr. Sachin Dev Singh, Advocate
Vs
Jammu Municipal Corporation & Ors.
.....Respondents
Through: Mr. Mayank Gupta, Advocate
CORAM: HON'BLE MR. JUSTICE RAHUL BHARTI, JUDGE
ORDER
(29.12.2025)
01. Without any statutory power expressly at his disposal in terms of the J&K Municipal Corporation Act, 2000, the Municipal Corporation, Jammu through its officials is resorting to sealing of the building premises of the petitioner on the pretext as set out in the sealing order No. JMC/ENF/4189-93 dated 03.11.2025 but without citing as to from which part of section 253 of Jammu and Kashmir Municipal Corporation Act, 2000, read even in its entirety, there is any such power vested for the Commissioner, Municipal Corporation, Jammu to order or direct the sealing of a building/premises and/or from 2 WP(C) No. 3753/2025 which other law the same power is being derived by the Jammu Municipal Corporation.
02. There is a bare recital in the impugned order dated 03.11.2025 that the sealing is being done by reference to J&K Unified Building Bye-Laws, 2021 (Section 2.11).
03. In order to cite the J&K Unified Building Bye-Laws, 2021 as a source of power of sealing, the Commissioner, Municipal Corporation, Jammu, who is a statutory authority under the J&K Municipal Corporation Act, 2000 is supposed to first cite whether the J&K Unified Building Bye-Laws, 2021 has been enacted by reference to the regulations making power under the J&K Municipal Corporation Act, 2000. The Commissioner, Municipal Corporation, Jammu has avoided making any recital of this nature.
04. This Court cannot lose a sight of the fact that with respect to offending building construction dealt with under the Control of Building Operations Act, 1988, the power of demolition as well as the power of sealing under section 8 was expressly provided by said statute meaning thereby the power of sealing of an offending construction/structure in essence is a statutory power which in absence of any such legal scope cited in the Municipal Corporation Act, 2000 cannot be hooked by the Commissioner, Municipal Corporation, Jammu under the J&K Municipal 3 WP(C) No. 3753/2025 Corporation Act, 2000 acting on his own conception of J&K Unified Building Bye-laws, 2021.
05. Prima facie case made out.
06. Issue notice to the respondents.
07. Mr. Mayank Gupta, learned Advocate accepts notice on behalf of the respondents. Time is sought for filing reply which is granted.
08. List this case on 11.03.2026.
09. In the meantime, the operation of the impugned order No. JMC/ENF/4189-93 dated 03.11.2025 passed by the respondent-Commissioner, Municipal Corporation, Jammu is hereby stayed. Further, there shall be no additional construction undertaken at the site with respect to the premises in reference on the part of the petitioner.
10. This order is, however, subject to objections from the other side.
(RAHUL BHARTI) JUDGE JAMMU 29.12.2025 SUNIL