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2026 DAILYLAW 1627 (JK)

MUSHTAQ AHMAD MIR v. UNION TERRITORY OF J AND K AND OTHERS (FOREST ECOLOGY AND ENVIRONMENT)

WP(C)/1377/2026 · 2026-07-01

Moksha Khajuria Kazmi

Writ Petition (Civil)body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Serial No. 37 Cause list HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR WP(C) 1377/2026 MUSHTAQ AHMAD MIR …Appellant(s)/Petitioner(s) Through: Ms. Sana Jamal, Advocate Vs. UNION TERRITORY OF J AND K AND OTHERS ...Respondent(s) Through: Mr. Ilyas Nazir, GA CORAM: HON’BLE MS. JUSTICE MOKSHA KHAJURIA KAZMI, JUDGE. ORDER 01.07.2026 1. By this petition, petitioner herein is seeking direction upon respondents 2 and 3 to conduct an immediate inspection of the premises where respondent No. 4 is operating the commercial kitchen and grilled chicken outlet, with a further direction upon respondent No. 2 and 3 to verify whether respondent No. 4 possesses the requisite permissions, consents and environmental clearances required under law. 2. Petitioner is the co-owner of a two-storied building situated at Nigeen, Opposite Nigeen Club, Srinagar. Respondent No. 4 has started operating a commercial kitchen and grilled chicken outlet in the same building and has installed grills, tandoors and other cooking equipments emitting smoke and fumes which is causing health hazards and discomfort to the petitioner besides damaging his property. 3. It is stated that the petitioner has submitted a detailed complaint before respondent No. 3 on 08.04.2026 requesting him to conduct immediate inspection and take action against illegal commercial activities. However, till date, no action has been taken by respondent No. 2 and 3. 4. Learned counsel for the petitioner states that petitioner herein would feel satisfied if respondents 2 and 3 be directed to consider the complaint of the petitioner dated 08.04.2026 and also to take action strictly as per law, within a reasonable period of time. 5. Learned counsel for the respondents is not averse to the proposition being made by the learned counsel for the petitioner. 6. Be that as it may, the instant petition is disposed of with a direction to respondent No. 3 to consider and decide the complaint of the petitioner dated 08.04.2026 within a period of four weeks from the date of passing of this order. In case it is found that respondent No. 4 is not acting in accordance with law, respondents 1 to 3 are directed to take action against respondent No. 4. 7. Disposed of. (MOKSHA KHAJURIA KAZMI) JUDGE SRINAGAR: 01.07.2026 “Misba”