*Div Com’s instructions, reminders too fail to yield results
Mohinder Verma
JAMMU, Feb 5: In what could be termed as scornful attitude, majority of the Deputy Commissioners have yet not initiated drive to evict encroachments on 20 lakh kanals of State/ Kahcharai/ Common Land in the length and breadth of Jammu and Kashmir despite explicit and repeated directions from the High Court. Moreover, the instructions and reminders issued by the Divisional Commissioner Jammu have failed to attract required attention from the heads of many districts despite lapse of several months.
The grave issue of encroachment on 20 lakh kanals of State/ Kahcharai/ Common Land attracted the attention of the State High Court through a Public Interest Litigation (PIL) titled Prof S K Bhalla Versus State of J&K and Others. The ground behind the PIL was the shocking revelation made by none else than the Government that too on the floor of the State Legislature whereby it was admitted that such a huge chunk of land continued to remain in the illegal occupation of thousands of persons.
In response to the PIL, the State Government, on the directions of the High Court, even identified the encroachers while submitting status report comprising 13 volumes. However, there was no action to retrieve the land and while expressing serious concern over this, the Division Bench of High Court vide Order dated May 6, 2015 had directed the Government for coming out with a mechanism to remove encroachments and restore the encroached land to its original status.
Despite this, the lackadaisical approach continued from the Revenue Department authorities and this prompted the Division Bench of High Court to reiterate its directions vide Order dated October 26, 2015 and State was granted sufficient time for compliance.
In pursuance to these directions, the Divisional Commissioner Jammu vide Circular dated November 17, 2015 directed all the Deputy Commissioners of Jammu province to frame district wise encroachment removal Action Plans and thereafter go ahead with the removal/ eviction of all encroachments in a systematic and planned manner by forming Niabat-wise, Tehsil-wise and Sub-Division wise joint teams involving/ requisitioning help of police authorities under law.
All the Deputy Commissioners were also directed by the Divisional Commissioner to furnish action taken reports regarding this on fortnightly basis. While cautioning the heads of the districts against any dereliction in implementing the directions in letter and spirit, the Divisional Commissioner even drew their attention towards provisions of Land Revenue Act, 1996.
However, despite lapse of more than two months, majority of the Deputy Commissioners have yet not started eviction drive, official sources told EXCELSIOR, adding “what to talk of eviction process, it is also not known whether they have formulated the Action Plans and Niabat-wise, Tehsil-wise and Sub-Division-wise joint teams”.
“The slackness is notwithstanding the fact that the issue was discussed in numerous meetings which the Divisional Commissioner had with the Deputy Commissioners during this period”, sources further said while disclosing that majority of the Deputy Commissioners have yet not submitted action taken reports to the office of the Divisional Commissioner till date.
This can be gauged from the fact that office of the Divisional Commissioner vide communication dated February 2, 2016, the copy of which is available with EXCELSIOR, has expressed concern over non-adherence to the directions by the Deputy Commissioners. While drawing attention of the Deputy Commissioners towards the Circular dated November 17, 2015, the office of the Divisional Commissioner has observed: “You had been directed to report compliance on fortnightly basis. But the progress regarding the same is still awaited”, adding “you are once again directed to furnish the action taken report regarding eviction of encroachments immediately”.
According to the sources, similar lackadaisical approach has been adopted by the Deputy Commissioners in Kashmir province. “There is no strict compliance to the directives of High Court from any district of the Kashmir valley”, they added.
“Due to slackness in preparation of mechanism for restoring encroached land to its original status and delay in start of eviction drive, neither such a huge chunk of land, which was grabbed by private persons in connivance with officers/officials of the State Government, could be retrieved till date nor the encroachers punished as per the law”, sources regretted.
According to the official data available with EXCELSIOR, over 10,40,241 kanals of State/ Khacharai/ Common Land is under encroachment in 10 districts of Jammu province and a total of 1,12,461 persons are involved in this illegal activity.
In Jammu district, 249756 kanals of land is under illegal control of 26091 persons while as in Rajouri district 289471 kanals of land is under illegal occupation of 21520 persons. Similarly, 3037 persons are in the illegal possession of 20009 kanals of land in Samba district and 12889 persons have illegally occupied 154664 kanals of land in Reasi district.
Moreover, 8251 and 5140 persons have illegally occupied 60089 kanals and 12780 kanals of land in Udhampur and Kishtwar districts. In Kathua district, 29401 kanals of land is under illegal control of 3794 persons while as in Poonch district 105404 kanals of land is under illegal control of 13499 persons. A total of 7166 persons have illegally occupied 67085 kanals of land in Ramban district and 11074 persons have unauthorizedly occupied 51579 kanals of land in Doda district.
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