Dr Raja Muzaffar Bhat
Jammu and Kashmir state has an area of 2,22,236Sq Kms. Approximately 35 percent of land is cultivable as rest of the land is either mountainous , barren or un irrigated. In Jammu region most of the agricultural activities take place in Kathua, Samba, Jammu and Udhampur districts. In Kashmir region agriculture activity is undertaken mostly in the plains of Qazigund to Kupwara plus some surrounding hilly areas. Ladakh region is mostly barren or unirrigated. Other than 35 percent of agricultural land the land area is covered with thick forests, huge mountains and glaciers. The population of Kashmir valley is settled between the plains of Kamraz (North Kashmir), Yamraz (Central Kashmir) and Maraz (South Kashmir). Agricultural land is shrinking day by day as all the so called developmental activities are taking place in the three zones of Kashmir mentioned above. There are highways, railways, bridges, flyovers, airports, military establishments, business establishments, schools, colleges, universities, cement plants, brick kilns, industrial estates, Government offices and much more infrastructure available within the three zones of Kashmir. All the constructions have come up on the agricultural land and on daily basis Government and private players are acquiring land for setting up more and more industrial units, shopping malls, housing colonies, hotels, business units and highways etc. Similarly the plains of Jammu have lot of agricultural land availability but this too is shrinking at the cost of development.
When the work on Qazigund-Srinagar- Baramulla rail link began in the mid 1990’s, everyone welcomed it. Around 10 years later when the work was completed, people noticed how much destruction this railway line caused to our agriculture land. Our Karewas (wodders) became the first victims of development. Karewas which are the plateau-like sedimented terraces can be found in all the three zones of Kashmir (Kamraz, Yamraz and Maraz). The, Karewas are lacustrine in nature (associated with lakes) and found mostly in Pulwama and Budgam districts. There are aalmond, apple and pear orchards found in Karewas. Saffron is also grown on the Karewas land. During construction of Qazigund -Baramulla rail-line, the Karewas were bulldozed as soil excavation was undertaken up from these elevated terraces. The railway engineers could have explored construction of pillars for the said rail project on the pattern of Delhi Metro, but they chose to create an elevated highway like space on which railway tracks were set up. During the construction of rail line lot of earth filling was required and the same was obtained from the Karewas of Pulwama, Chadoora Budgam, Beerwah, Pattan and other surrounding areas. Hundreds of hectares of almond, plum, apple and pear orchards were destroyed during this process.
National Highway Authority of India (NHAI) which is an organization controlled by Union Ministry of Highways is constructing two alternate highways in Kashmir and Jammu regions called Semi Ring Road / Ring Road . The Kashmir highway is coming up in the next few years connecting outer Pampore highway with Ganderbal via Wathoora Chadoora -Budgam and Narbal. The proposed Semi Ring road project is around 62 Kms long. Once again hundreds of hectares of agricultural land will be acquired in Pulwama, Budgam, Baramulla, Bandipora and Ganderbal districts. In the 1st phase, Gallandar to Narbal project will be taken up. During phase II, Narbal, Manigam, Ganderbal road link will be executed. Most of the affected district is central Kashmir’s Budgam as around 4000 kanals of fertile agricultural land will be acquired very soon. In Ganderbal 2341 Kanals of land will be acquired. Can we afford to have so many highways and road links in an environmentally fragile valley of Kashmir? Irony is that land owners and farmers are forced to give their land on very low rates against their will. In addition of losing our fertile land, the construction companies will once again target Karewas of Pulwama , Chadoora, Budgam and Pattan areas. If Karewas are again vandalized by the construction companies, 50 percent of Karewas will vanish in the next 5 years. It is the duty of Government not to allow this unholy practice. Similarly in Jammu region a highway (Ring Road) will be constructed from Kathua to Udhampur which will pass from areas of Samba, R S Pura, Marh and Nagrota.
Inadequate Compensation:
The National Highway Authority of India (NHAI) pays adequate compensation to the farmers / affected people whose land and property is acquired for construction of similar highways in other states of India. As per the provisions of Right to Fair compensation for Land Acquisition Rehabilitation & Resettlement Act (RFCLARR) enacted by Congress led UPA Government in 2013, land and property owners get 4 times more compensation than the market value of land/ property in rural areas and 2 times in urban areas, plus jobs, rehabilitation and resettlement. As the said law is not applicable to J&K state, affected farmers in Jammu and Kashmir are deprived of even fair compensation.
I have been writing on this issue from last five years and even took up this matter with Chief Minister Mehbooba Mufti in January 2017. Ring and Semi Ring Road land owners welfare committee has been formed by affected famers from Kathua, Samba, Jammu, Pulwama, Budgam, Srinagar, Baramulla, Bandipora and Ganderbal districts. The farmers are impressing upon Government to do justice with them. The farmers held several protests to press their demands, but it seems Government is adamant and wants to go ahead with this project by not at all listening to the major stakeholders (farmers).
Jammu and Kashmir State has lost its limited agriculture land. I am sure within 15 to 20 years 80 percent of the villagers in Jammu and Kashmir will be landless and on the other hand State Government is doing sheer injustice with farmers by paying them peanuts during land acquisition process. During construction of highways fruit trees and orchards are axed. The compensation paid to apple, pear, mango and plum growers is also very meager. Vague estimates are made without taking growers into confidence; this is all loot and plunder. On the other hand Government claims it is protecting its agriculture land, farmers etc but the reality is quite different.
Conclusion
We can’t compete with Haryana, Maharashtra, UP or Punjab vis a vis development and infrastructure? Jammu & Kashmir state can’t afford to have huge highways, railways, cement factories, shopping malls, Industrial Estates in view of our less land availability and unique geography. As mentioned above we have only 35 percent of agriculture land available with our farmers. If the limited agriculture land is forcibly acquired, farmers in J&K will be forced to commit suicide. Government of India, National Highway Authority of India (NHAI) has its own concerns as they have to build roads for army movement, public transport etc. Why is land from poor farmers being snatched? The affected farmers are paid stamp value of the land plus 15 percent solatium (Jabirana) but the stamp value of land is very less than market value of land.
In R S Pura, Kathua, Samba, Budgam and other areas stamp value in many places is Rs 10 to 15 lakhs per kanal of land but the market value is Rs 30 to 40 lakh in the same areas. Even if Govt pays 15 percent Jabirana and stamp value of land, this would still be injustice with farmers. Government is not at all ready is accept these facts and this may lead to a state wide agitation. The only solution to address the problem by paying fair compensation to affected farmers. The obsolete 83 year old J&K Land Acquisition Act has to be repealed now and new legislation which is similar to 2013 Union Land Acquisition Act should be enacted by J&K Government. Another solution is to impress upon NHAI to go ahead with Private Negotiations (PNC). The PNC was adopted in past during land acquisition for Railway Project in Kashmir. PNC is a provision under State Land Acquisition Act as well.
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