Excelsior Correspondent
Srinagar, Oct 6: For safeguarding of grazing land, the State High Court, in a significant direction, has sought policy decision under which the State Government is using and utilizing the grazing land for the purpose of small projects.
Hearing an appeal filed by the residents of Kangan Ganderbal, the Division Bench of Chief Justice Gita Mittal and Justice D S Thakur observed that the issues raised in the case are of serious nature and sought policy decision of the State Government which allows them to utilize the grazing land for small projects.
“We find that in the affidavit dated 15.03.2018, respondents have, however, failed to disclose the claimed policy decision of the State Government allowing utilization of the land for small projects like school, roads, dispensary etc. details of the decision be placed on an affidavit and copy thereof be placed on record within two weeks from today”, the DB directed
The issue which has to be considered in the present matter is utilization of kahcharie land (grazing and forest land) for the purposes of construction of a road. The appellants filed a writ petition contending that the kahcharie land was illegally acquired for construction of road over forest land.
It is vide order dated 14.3.2018 authorities were called upon to show the source of the authority which enables them (Government) to utilize the kahcharie land for such purpose. The respondents also required to disclose the details of claimants with reference to their entitlement for award of compensation as also the quantum of the land acquired by them.
Authorities have disclosed the quantum of compensation awarded to the claimants before the Court but have failed to disclose the policy decision which gives the power to Government to acquire the grazing land for small projects.
It has been contended by residents before the Court that the houses which are required to be constructed to serve the village consist of only three or four houses and even these house owners use their properties as summer residences and do not permanently reside there. Court after these submissions sought an affidavit from the Revenue authorities indicating therein the habitation of the village where the road in dispute on grazing land is being constructed.
The funds furnished by the Government of India under the Pradhan Mantri Gram Sadak Yojana which are being used by the State Government on various projects but the objection raised here about the utilization of these funds which, according to the residents, has been utilized to construct a road only for the private benefit of four persons who have constructed summer houses in village Badi Patheri and do not normally reside there.
The appellant-resident have even disputed the fact that they are regular residents of the village and contended that public funds have been misused for the purposes of constructing a road over kahcharie land. The road is said to be over 8 kms in length and as per the statement of residents, crores of rupees have been spent thereon.
“It would appear that in order to enable an effective examination of the issues raised by the appellants, the respondents should place on record the manner in which any proposal for construction of a road and utilization of the amount received by the State Government under the Pradhan Mantri Gram Sadak Yojana is effected”, the DB directed.
Court also directed the authorities to disclose as to why the proposal as well as public interest involved in construction of such a road should not be put in public domain and opinion/objections sought from the members of the public which may be effected by the construction of such a road, specially keeping in view that the such construction is in the nature of a public project and has to sub-serve public interest and not any individual persons interest alone.
Copy of the order has been directed to be sent to the Chief Secretary to enable him examination of the manner in which funds received by the State under the Pradhan Mantri Gram Sadak Yojana have been or to be utilized and report has been sought from him in this regard within six weeks.
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