Excelsior Correspondent
SRINAGAR, Oct 31: The Division Bench of High Court today directed the Government to properly maintain Tosa-Maidan and conduct survey of the victims of artillery firing range and provide them compensation.
The Division Bench of Justice Ramalingam Sudhakar and Justice M K Hanjura said the artillery field has already been vacated by the Army as such the area should be maintained properly.
Court directed the authorities to find out the victims of the firing range and start an exercise for paying compensation to them within 6 to 12 weeks.
Court for maintaining the land properly directed Forest Department to ensure that the area should be properly maintained while keeping in mind the guidelines of national parks and wildlife sanctuaries.
Army, in its affidavit, which was considered by the bench today, submitted that the militancy in Kashmir necessitated large deployment of Armed forces including Central Armed Police Force in Kashmir. Accordingly, need arouse to train them and Tosa Maidan was made available to the army for the purpose of training and field firing practices by the Government of J&K.
“The training field firing range was last notified by the J&K Government on 19.4.2004 for a period of 10 years. TFFR was used by Army include Artillery, Indian Air Force and other security forces like BSF and CRPF”, read the affidavit.
Army processed the case for re-notification since 2010 with the State Government. However, no action materialized on the subject and automatically on completion of 10 years lease, the area came under the State Government on 18.4.2014. No firing was conducted thereafter by the Armed Forces.
It is further submitted that a blast at Lassipora village on 19.5.14 which took place inside the house of one Riyaz Ahmad Parray, a resident of same village on May 19 in which two children, Simran Riyaz and Master Fayaz Ahmad Parray sustained grievous injuries and Simran succumbed to her injuries later and Master Fayaz received serious injuries on his legs. He was evacuated to Army Base Hospital in Srinagar and given specialist medical care. However, both of his legs had to be amputated.
Another explosion took place on 16.7.14 in a Dhok inside TFFR area, in which one Bilal Ahmad Parray sustained fatal injuries. The Army facilitated the release of relief of Rs. one lakh to his next of kin and handed over a sewing machine to his widow to facilitate her rehabilitation during mission Falah.
Mission Falah, Army submitted, was taken in the wake of these two unfortunate incidents post de-notification and to fulfill its commitment to the people of Kashmir, Chinar Corps conceived a clearance operation aimed at sanitizing the area of TFFR of all dangerous material, blinds and unexploded ordinance.
The plan was presented to the then CM of J&K, Omar Abdullah and approval was obtained for its execution and the event was attended by prominent civil administration officials, local village Sarpanches, village headmen and member of the print and electronic media and was very well received by the locals.
Composite Task force comprising of carefully selected individuals of artillery, infantry, engineers, medical and signals along with explosive detector dogs were created. The task force was provided with latest equipment for their specific task. Four teams of composite task force operated round the clock in the artillery field to clear the impact area of dangerous material, blinds of unexploded ordinance.
Petitioner counsel Altaf Khan has submitted before the court that the artillery range field was leased out to the Army from 1965 to 2014 which has expired and the field has to be cleared from all artillery so that no civil casualty happens.
It is worthwhile to mention here that Govt. vide order dated 24.01.2017 has declared Tosa Maidan as a tourist destination and created a separate development authority of the area.
That the entire area used for artillery shelling and military exercises falls just within 3 kilometers from Pehjan Wildlife Reserve and as per Supreme Court of India, guidelines in the areas should have long been notified as eco sensitive zone.
“Although the Financial Commissioner Revenue vide its letter no DMB/JC/2012/903-10 dated 27-12-2012, instructed learned District Commissioner Budgam to take immediate steps to implement the guidelines of the Supreme Court but no further steps were taken by the authorities”, mentioned the PIL
The petitioner submitted that the area although having been vacated by Army and mostly cleared but so far army has not issued clearance certificate and no action in order to preserve and converse the area after army has handed over it to the civilian authority has been taken over. The entire region needs immediate attention in order to preserve the forests and natural water bodies.
The State Government, petitioner submitted, is bound by constitution and the laws made there under to protect the life, liberty and economic interests of the people living in and around Tosa-Maidan.
That the respondent authorities despite being bound by the law to compensate the victims for the loss caused due to artillery shelling and military exercise have miserably failed to protect the lives of the people living in the area or paying them adequate compensation for the losses suffered. It is apt mention here that State authorities are yet to decide about the grant of compensation in favour of the victims. The respondent officials are thus compromising with the lives of people living in the area and are therefore violating the basic fundamental rights, life and liberty of the people living in the area.
Petitioner sought directions from the court that the Respondents conduct a detailed survey of the Tosa Maidan area to assess the loss and damage caused to human beings and the environment of the entire area due to artillery and other military exercises and to furnish compliance report before this court within stipulated time to pay ‘individual compensation’ to the families of deceased and injured persons, owners of livestock and ‘Community Compensation’ besides compensating the lost already estimated with immediate effect.
Petitioner also sought directions from the court to the Government of J&K to provide/frame the guidelines for firing ranges in accordance with the provisions contained in the maneuvers field firing and artillery practice act 1938.
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