*35 kanals earmarked for temporary adjustment of nomads
Mohinder Verma
JAMMU, May 13: In a significant development, Division Bench of High Court comprising Justice Mohd Yaqoob Mir and Justice Dhiraj Singh Thakur today gave go ahead signal to the Jammu Development Authority for eviction of encroachers from huge chunk of land at Gole Gujral and sought detailed action plan in respect of removal of encroachments in other areas besides seeking Revenue Department’s response on demarcation of over 66,000 kanals of land in Jammu and Samba districts, which was transferred to JDA only on papers.
However, the Division Bench directed the concerned authorities to temporarily adjust 71 nomad families on 35 kanals of land in Gole Gujral area as per the plan worked out by the Deputy Commissioner Jammu, Ajeet Kumar Sahu and Deputy Inspector General of Police, Shakeel Beg until the Government formulates rehabilitation policy.
When the Public Interest Litigation (PIL) regarding land grabbing was taken up for hearing by the Division Bench, Advocate Sheikh Shakeel Ahmed appearing for the petitioner submitted that wrong impression was created by Senior Advocate M A Goni during the course of proceedings yesterday that instant PIL was targetted against the particular section of society.
“This PIL pertains to 20 lakh kanals of State land, which is presently under encroachment across Jammu and Kashmir”, he said, adding “different agencies of the State are in conflict with each other to protect the sharks and this PIL wants land grabbers to be taken to task wherever they are active”.
He further submitted that the Vigilance Commissioner in his report submitted to the then Chief Minister pointed out encroachment of 92 kanals of land by a prominent politician in Kathua district and a Civil Miscellaneous Application was filed seeking removal of encroachment and various action taken reports were filed by the Revenue Department. “It was the outcome of this PIL that finally State land measuring 92 kanals was retrieved from the encroachers”, he added.
“Apart from this, it came to light in this PIL that the family trust of a Member Parliament owns more than 300 kanals of land which was against the sealing fixed in Agrarian Reforms Act and the Division Bench of the High Court directed the Revenue Department to proceed under Agrarian Reforms Act so that excess land can be retrieved from the family trust of the politician”, he further submitted.
Advocate Adarsh Sharma, counsel for the JDA produced a copy of the communication dated May 12, 2014 addressed by the Director Land Management, JDA and submitted that Deputy Commissioner Jammu and DIG Jammu have identified 35 kanals of land out of Khasra No.746 in Gole Gujral area for providing temporary shelter to the evicted persons including the 71 nomad families till the rehabilitation policy is formulated by the Government.
“In these 35 kanals, 45 kullas are existing and they have not been touched. Moreover, all other nomads whose kullas have been demolished will be temporarily adjusted in these 35 kanals as a temporary measure”, he further said, adding “even if there is requirement to remove these 45 kullas they would also be adjusted in these 35 kanals of land”.
On this, Division Bench gave go-ahead signal to the JDA for removal of encroachments in Gole Gujral area with the directions that strict compliance of the plan worked out by the Deputy Commissioner and DIG should be ensured. On the repeated requests of counsel for the JDA, the DB orally directed the SSP to provide necessary support to the JDA so that anti-encroachment drive in Gole Gujral area is completed.
About the Civil Miscellaneous Application highlighting the grave issue of transfer of 66,436 kanals of land to JDA only on papers in different parts of Jammu and Samba districts, Advocate Sheikh Shakeel Ahmad submitted, “despite repeated communications from the JDA the Revenue Department has not woken up from the deep slumber. This can be gauged from the fact that Vice-Chairperson of the JDA had to invoke Public Service Guarantee Act to get such a huge land demarcated”, adding “the Divisional Commissioner Jammu, whom the JDA had recently apprised of the prevailing situation, is also not bothered about issuing necessary directions to the field staff of the Revenue Department about demarcation of land”.
On this, Additional Advocate General, H A Siddiqui sought some time to respond to this CMA. Considering the plea of the AAG, the DB directed him to file response by the next date of hearing. The DB also directed counsel for the JDA to submit the action plan, if already prepared by the JDA vis-à-vis encroachments on its land in other parts of Jammu and Samba districts.
“If no action plan is prepared, they shall prepare the same clearly indicating as to how much land is located in which area and what measures have been taken and what policy has been adopted for ensuring complete removal of encroachment”, the DB directed.
About the connected CMA moved by Advocate Rameshwar Singh Jamwal, the DB directed Advocates Adarsh Sharma and S S Nanda to file response to the application as well as latest status of demarcation by or before the next date of hearing. Similarly, in another CMA moved by Advocate S S Andotra highlighting encroachment of State/common land in Hiranagar tehsil, the DB directed Deputy Commissioner Kathua to file report indicating as to why action in accordance with the law could not be taken against those persons, who have encroached upon the State land/common land.
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