14 yrs too small a period for JDA to act: Over 16,000 kanals land still under encroachment

No Special Task Force constituted to retrieve land
Illegal occupation even after numerous HC directions
Mohinder Verma
JAMMU, Oct 27: Nearly 14 years is too small a period for the Jammu Development Authority (JDA) to retrieve its own land from the encroachers that too even after repeated directions and censures from the High Court of Jammu & Kashmir and Ladakh.
This can be gauged from the latest figures, which reveal that 16, 212 kanals in Jammu and Samba districts continue to remain under illegal occupation, a damning indictment of the official indifference and systemic failure.
In the year 2011, a Public Interest Litigation (PIL) was filed in the High Court flagging the large-scale illegal occupation of land owned by JDA in various parts of Jammu and Samba. The petitioner alleged that huge tracts meant for public infrastructure, housing and planned development had been encroached upon with the connivance or negligence of officials.
In the PIL, the High Court issued a series of directions to the JDA and the Government, calling for identification, demarcation and retrieval of encroached land. The High Court even went on record several times expressing serious displeasure over the slow progress and sought personal affidavits from senior officers.

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However, even nearly 14 years after the High Court first intervened to save encroached land belonging to the JDA, over 16,000 kanals continue to remain under illegal occupation.
The figures were provided in the Legislative Assembly today by the Chief Minister Omar Abdullah, who is also Minister Incharge Housing and Urban Development Department in response to a question of BJP MLA Choudhary Vikram Randhawa.
“The total JDA land under encroachment is 16,212 kanals and two marlas. In respect of Jammu Municipal Corporation, eight kanals and 16 marlas of land at Chatha is under encroachment. The matter is presently sub-judice before the 1st Civil Subordination Judge, Jammu”, read the written reply of the Chief Minister. Some portion of land was transferred to JDA along with pre-existing encroachments.
In reply to a question-whether the Government intends to constitute a Special Task Force in collaboration with the Police and Revenue Departments for the purpose of retrieving the encroached land, the Chief Minister said, “regular anti-encroachment/demolition drives are carried out by the JDA in close coordination with the district administration (Revenue and Police Departments) and encroached land is being retrieved, fenced and installation of signboards are undertaken to prevent fresh encroachments”.
However, no separate Special Task Force has been constituted so far for the purpose of retrieving encroached JDA land, the Minister Incharge Housing and Urban Development Department said.
When asked whether Government intends to initiate action against officers involved in facilitating such encroachments, the Minister said, “as and when any instance of involvement of an officer/official in facilitating encroachments upon JDA land comes to notice, the Departmental Inquiry and Regular Departmental Action are initiated against the delinquent officials”.
It is pertinent to mention here that vide Government Order No. Rev (ND) 46 dated January 1, 1973 a total of 35353 kanals of land was transferred from Nazool Department to Jammu Development Authority. Similarly, under SRO-262 (Roshni Act, 2004) dated August 9, 2004, a total of 40480 kanals and four marlas of land was transferred to JDA. With this, the total land transferred to JDA increased to 75833 kanals and four marlas.
The latest revelation has renewed public concern that the administration has failed to uphold the rule of law and protect UT’s assets from organized encroachment.
“The High Court has been monitoring this issue for over a decade, but ground reality remains unchanged,” sources said, adding “encroachers have become emboldened because they know official willpower is weak and accountability is missing”.