HC restrains Govt from acquiring land for LJHP

Excelsior Correspondent
Srinagar, June 1: High Court directed the authorities not to acquire any land from the land owners meant for the Lower Jhelum Hydro Power Project (LJHP) at District Baramulla till reply is filed by them to the plea of aggrieved land owners.
The residents of Boniyar District Baramulla have approached the court that the authorities have occupied a big chunk of land in and around the Lower Jhelum Hydro Power Project Gantamulla, Baramulla and are adamant to forcibly occupy more land for utilization of the power project which is owned and cultivated by them.
They have submitted before the court that the authorities already occupied the land for the power project without paying due and proper compensation to them for the entire land and also have not followed the provisions of Land Acquisition Act.
The Division Bench of Chief Justice Pankaj Mithal and Justice Vinod Chatteji Koul directed all the authorities not to encroach upon any further land of the petitioner-land owners until further orders from the court.
Court after hearing the counsel for aggrieved persons issued notice to concerned authorities for their response to the contentions raised by the aggrieved land owners. These notices were waived in open court by the Government counsels appearing for the authorities.
Court directed the counsels appearing for and on behalf of Commissioner Secretary Power Development Department, Managing Director J&K Power Development Corporation, Collector Land Acquisition Baramulla, Chief Engineer Civil Investigation Division Wing Srinagar Tehsildar Boniyar and Executive Engineer Civil Maintenance Division (LJHP) Gantamulla Baramulla to seek instructions in the matter and file counter affidavit within two weeks.
They allege that the authorities are trying to adopt shortcuts to grab and occupy more and more land adjacent to the power project and are being dislocated completely without there being any rehabilitation policy in place.
The authorities, they submit, are duty bound to pay due and proper compensation for the land which is already in their occupation and possession and in case more land is sought to be acquired, then due process of law be followed without adopting forcible short cuts by the authorities.