Dr Raja Muzaffar Bhat
I have been quite frequently expressing my views on the developmental disaster that is being undertaken by authorities under the garb of so called developmental activities. Recently I explained how 440 KV DC Samba Amargrah transmission line caused disaster in the forests of Pir Panjaal belt especially in Rajouri , Poonch , Shopian and Budgam districts . More than 40,000 forest trees were axed mercilessly and in return not even 20 percent of the compensation was realized by the Forest Department. While travelling from Srinagar to Jammu or vice versa we can observe how much environmental disaster has taken place around the national highway. One can only see dust on the road side plus nearby water-bodies and gorges filled with soil and muck everywhere. Is this development ? Some time back I found that a huge area of Tawi river has been encroached by a private construction company near village Moudh in Udhampur. Huge stone crusing plant has been set up on the river bed. I thought to use my right under Right to Information Act (RTI).I filed an application in Deputy Commissioner’s office Udhampur. The information was initially denied but thanks to our State Information Commission (SIC) where I filed a complaint against the Public Information Officer (PIO) DC office Udhampur. Before the case was listed for hearing at SIC office Jammu, the PIO cum Additional Deputy Commissioner (ADC) Udhampur provided some information to me. The information exposed the District Administration particularly the local Revenue officials who have paved a way for illegal land grab by a private construction company at village Moudh on Jammu Srinagar National Highway. Information reveals that only 10 marlas of Govt land was allotted to the company for setting up of stone crushing unit on the banks of Tawi river but the company in connivance with local Revenue Department officials have occupied a huge chunk of land near the river bed itself.
Information sought ?
I sought the details about exact amount of land allotted to a private construction by DC office Udhampur but the information was not provided. The Additional Deputy Commissioner (ACD) Udhampur who is also the designated Public Information Officer (PIO) under State RTI law instead of responding to me, asked Assistant Commissioner Revenue (ACR) Udhampur to provide the information. ACR who happens to be Collector land acquisition as well treating RTI application as an administrative matter transferred it to Tehsildar Udhampur and asked him to provide the information. Tehsildar sahib further asked his Naib Tehsildar and finally the case landed before Patwari Moudh village who denied the information saying the details are not available with him. Feeling agitated I filed a complaint under section 15 of State RTI Act before State Information Commission (SIC). The case was listed before the commission in Jammu on December 19th. After getting a notice from SIC for personal appearance, ADC Udhampur sent information to me revealing mere 10 marlas of land was allotted to the company on which a mega stone crusher has been set up. I could not believe it as I have seen the area several times. The land in use is much more and the same is illegally occupied.
Hearing before SIC
ADC Udhampur was finally summoned by the State Information Commission (SIC) at its Jammu office on Dec 19th 2018. I attended the hearing from SIC office Srinagar through Video Conferencing (VC). Thanks to former Chief Information Commissioner (CIC) G R Sufi who introduced VC in SIC, otherwise one has to travel all along to Jammu or Srinagar office of SIC for case hearings. Additional Deputy Commissioner (ADC) Udhampur along with Assistant Commissioner Revenue (ACR) attended the hearing before Commissioner of SIC M A Mir. During the hearing PIO was bit confused as he seems to have been posted in Udhampur recently along with his ACR. The reply of PIO was confusing but during the course of hearing before SIC, the Additional Deputy Commissioner (ADC) informed Information Commissioner that some land has been leased out to the company for establishing of staff quarters, machines and other plants. This was mentioned in the RTI reply as well but the reply does not specifically mention the land acquired by the company from local residents for setting up the Mobile Stone Crusher.
In response to another question the PIO/ ADC informed that company has acquired 10 marlas of land on rent basis for establishing Mobile Stone Crusher Plant (200 TPH) in village Moudh. These two replies were contradictory to each other and this was taken seriously by Information Commission as well. Through RTI reply dated: 15.11.2018, the ADC Udhampur / designated PIO informed me that 45 kanals and 16 marlas of land have been occupied by the company for establishing of Mobile Stone Crusher Plant. On this I argued during hearing that if only 10 marlas of land were given on rent to the construction company, how the said agency grabbed 45 kanals and 16 marlas of land? The ADC had no answer but accepted the fact that something wrong has happened. I also wanted to know whether the District Administration Udhampur has permitted the company to occupy 45 kanals of land or not ?and if not why action is not being taken against them and retrieving the land ?
Conclusion
Additional Deputy Commissioner (ADC) during case hearing informed State Information Commission (SIC) that an inquiry is being conducted as to how the agency has occupied 45 kanals and 16 marlas of land for establishing of crusher instead of 10 marlas taken on rent ? The SIC directed the Additional Deputy Commissioner (ADC) Udhampur to submit a detailed report within a month. From last several years river bed of Tawi is being encroached at many places around Jammu. There are dozens of stone crushing units established on Tawi. The construction material is being dumped inside it which has chocked it at several places. The District Administration Udhampur and Pollution Control Board (PCB) are not taking any action against the unit holders or construction companies. On the other hand, Municipal Council Udhampur is also seen dumping all its municipal solid waste on the banks of Tawi and adjoining forest area only a few kms outside the town. District Administration and PCB are not able to stop this illegal practice as well. National Green Tribunal (NGT) has also taken a cognizance of dumping soil and construction material inside Chenab and Tawi at Ramban and Udhampur respectively early this year but authorities at the helm of affairs are even misleading the NGT. I appeal people of Jammu to wake up and play their role in ensuring Tawi is not sacrificed for the so called development. This river is our heritage plus lifeline and identity of Jammu.
(The author is Founder & Chairman of Jammu & Kashmir RTI Movement)
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