Revenue, Police Deptts fail to check excavation of agri land
Explicit directives of HC, DM remain unimplemented
Mohinder Verma
JAMMU, June 14: Brick kilns in R S Pura tehsil have been posing grave risk to the lives of thousands of villagers residing in the vicinity of a river by resorting to excavation of huge chunk of agriculture land. However, Revenue and Police authorities are acting as mute spectator even after explicit directives from the High Court and the District Magistrate about checking this illegal activity.
In the year 2015, the inhabitants of village Jassore in R S Pura tehsil filed a petition before the High Court and highlighted inability of the administration to implement Jammu and Kashmir Prohibition on Conversion of Agricultural Land for Non-Agricultural Purposes Act, 2010.
They brought to the notice of the High Court the conversion of agriculture land for non-agricultural purposes by the brick kiln operators by excavating huge chunk of land without obtaining clearance from the State Environment Impact Assessment Authority.
It was also submitted before the High Court that illegal activity of the brick kiln operators was causing imminent danger to the entire agriculture land as well as houses of the villagers in view of the fact that a river is flowing in the immediate vicinity of the area and witness floods during the rainy season.
Accordingly, the High Court vide order dated December 15, 2015 restrained the brick kiln operators from carrying out digging operations. Though for sometime the brick kiln operators obeyed the orders of the High Court yet after few months they again started their illegal activity.
This compelled the villagers to approach the then District Magistrate Jammu with the memorandum in connection with illegal functioning of the brick kilns which were posing threat of floods and soil erosion in the area, which on one side is connected with the river.
On the receipt of a report from the then Sub-Divisional Magistrate R S Pura the then District Magistrate passed a conditional order under Section 133 CrPC on May 30, 2016 asking the brick kiln operators to stop the excavation and restore the land to its original shape and character.
“I am astonished that inspite of multiple legislations like Land Revenue Act, Agrarian Reforms Act and Brick Kilns Act, the activities of the brick kiln operators have remained unchecked”, the then District Magistrate had mentioned in the conditional order.
As illegal excavation continued even after the conditional order, the then District Magistrate passed an absolute order on June 10, 2016 directing the SDM R S Pura to visit the spot and seize all equipment/machines from the brick kilns. Moreover, it was made clear in the order that the Incharge of the concerned Police Post will be made personally responsible for ensuring compliance of the order.
“In case the Incharge Police Post fails, action under Police Rules shall be initiated against him and in case of non-compliance action under Section 188 of RPC will be taken”, the then District Magistrate had further mentioned in the order.
However, in blatant violation of all these orders the operators of the brick kilns have again started their illegal activity thereby virtually giving invitation to the disasters for the people of the area.
EXCELSIOR has received reports and representations from the people that agriculture land is still being excavated approximately 10 to 15 feet deep by the operators of the brick kilns and there is every possibility of the area getting inundated in case of floods in the river during the forthcoming monsoon season.
“Due to unabated excavation the ground level has come down considerably as compared to the level of river as such lives of the people will be at a grave risk during the monsoon season”, a deputation of villagers told EXCELSIOR, adding “even after several representations to different authorities the illegal activity is going on at a distance of just 500 metres from the river”.
“No doubt on our latest complaint the concerned police has registered case but we are apprehensive about any action”, they further said and demanded that administration must depute a team for the assessment of damages caused by the operators of the brick kilns.
When contacted, Sub-Divisional Magistrate R S Pura Ram Lal said, “I too have received information about the illegal activity of the brick kilns. I will certainly take action after getting some respite from the COVID-19 management duties”.
“All our attention is presently diverted to contain spread of Coronavirus”, he further said.
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