Interim court order

Land grabbing in the State of Jammu and Kashmir is emerging as a big problem for the Government. It is a man made problem and since vested interests are involved, its resolution has become somewhat elusive. Large chunks of forest and state lands have been illegally occupied by politically powerful and influential persons who can manage to hoodwink authorities by either winning them over through money power or intimidating and coercing them into submission and thus helping themselves in achieving their illegal objectives. It is sad to say that foremost among the land grabbers are the elected representatives of the people like the legislators and ministers. These people are supposed to be the custodians of the law of the land but when they become land grabbers ordinary people lose faith in them because they fail to keep the trust reposed by people in them.
In yet another case in which the court had ordered eviction of illegal occupation, the affected people appealed in the High Court against the decision of the lower court. The High Court issued interim stay on the order of the lower court and their eviction was stayed. Thus far there seems reason in the higher court dealing with the case. The interim order actually was meant to ascertain that no injustice is done to anybody. The Government was obliged to bring forth more convincing and decisive proof against land grabbers so that the High Court could dispose off their appeal according to the facts of the case. But unfortunate as it is, the Law Officers who are supposed to pursue the stand of the Government, have adopted lackadaisical approach and show no seriousness in performing the role they are expected to perform. Their behaviour shows that they are party to the land grabbers and believe that procrastinating the issue in the court of law will ultimately result in favour flowing to the land grabbers. In this way the interim order is not vacated. During the previous Assembly session a statement given by the Forest Minister said that business houses, bureaucrats and politicians including ex-Ministers and sitting Ministers were among those who are alleged to have grabbed big chunks of forest land. Forest Department even published a list that gave names of people accused of land grabbing. A former Minister of Congress party is alleged to have encroached 26.20 kanals of forest land in Shopian Forest Division and eviction notices were served upon him. However, he filed an appeal in J&K Special Tribunal Srinagar where the matter is under trial since long. Encroachment of forest land by a sitting Minister in the outskirts of Jammu city is pending for disposal in the court of law and unless the concerned Law Officers convince the court with relevant data and information the interim order cannot be vacated. Another former Minister is alleged to have encroached forest land in Sunjwan area of Jammu but because of interim order from the High Court could not be vacated during the past several years.
These instances reveal that if the Government was serious about vacating the interim order of the court, it would have taken a step to ensure that Law Officers perform their duty efficiently and effectively and get the interim order vacated. But that is not the case and the land grabbers are basking in the sunshine of Government’s covert support.

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