STATE TIMES NEWS
JAMMU: In a significant development, Justice Wasim Sadiq Nargal of Jammu & Kashmir and Ladakh High Court has directed the Building Operation Controlling Authority (BOCA) to file a comprehensive supplementary affidavit detailing commercial activities in Gandhi Nagar Housing Colony, Jammu, which is designated primarily as a residential area under zoning laws.
The Court was hearing petition, wherein BOCA challenged the Tribunal’s decision dated September 25, 2023 allowing a small-scale commercial activity in a residential building. Advocates Amit Gupta and Parvesh Singh Salaria appeared for the respondents, arguing that the Tribunal’s decision was in line with the Jammu Master Plan 2032 and Unified Building Bye-Laws, 2021, which permit limited commercial activities in residential zones.
Justice Wasim Sadiq Nargal directed BOCA provide a detailed list of all shops or commercial establishments operating in Gandhi Nagar Housing Colony and also clarify whether these activities comply with the Master Plan and Bye-Laws or violate residential zoning rules.
During the proceedings, Advocate Parvesh Singh Salaria and Advocate Amit Gupta emphasized that their clients were being unfairly targeted, despite operating within legal limits, while larger commercial establishments in the area faced no action. They highlighted the arbitrary approach of BOCA and stressed the need for uniform enforcement of zoning laws.
The Court has granted the respondents the liberty to respond to BOCA’s affidavit within two weeks of its filing. The matter is now listed for further consideration on February 13, 2025.
This directive underscores the High Court’s focus on ensuring transparency and addressing concerns of selective enforcement in the application of zoning
regulations.