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J&K&L HC Calls for Fresh Status of Encroachments on Public Places by Religious Institutions and Steps for Prevention

J&K&L HC Calls for Fresh Status of Encroachments on Public Places by Religious Institutions and Steps for Prevention

In Re Suomoto Proceedings v. State of J&K & Ors. [Decided on 18-08-2026]

Chief Justice Sanjeev Kumar and Justice Mohd. Yousuf Wani

In suo moto proceedings before the Jammu & Kashmir and Ladakh High Court regarding encroachments made on public streets, public parks, and other public places in name of religious institutions, a Division Bench of Acting Chief Justice Sanjeev Kumar and Justice Mohd. Yousuf Wani called for a fresh status report on affidavit from the Divisional Commissioner.

The Court noted that in compliance with an order dated 08-07-2026 read with an order dated 04-11-2025, the Divisional Commissioner, Kashmir had filed a status report enlisting the encroachments made on the State/Kahcharai/Shamilat Deh land etc. for constructing places of worship such as Mosques, Temples, Churches, and Gurdwaras by different religions in the Kashmir Division.

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However, it was noted that the Divisional Commissioner had 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 Court also noted that the Commissioner had failed to mention steps initiated by the Union Territory Administration to deal with existing encroachments and to prevent such encroachments in future. Hence, the Court directed the Divisional Commissioner to indicate both these aspects clearly in a fresh status report on affidavit within six weeks.

The Court noted that the compliance report by the UT of Ladakh indicated that there were no such encroachments by any religious institutions on public streets, public parks, or other public places in Ladakh. The matter will now be listed on 12-10-2026.

Appearances

For Petitioners – None

For Respondents – Mr. T.M. Shamsi (DSGI), Rehana Qayoom, Maha Majeed (AC vice), Mohsin Qadri (Sr. AAG)

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In Re Suomoto Proceedings v. State of J&K & Ors.

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