3 MLAs withdraw resolutions
Avtar Bhat
JAMMU, Mar 31: The Government today opposed three private members’ resolutions tabled by National Conference (NC) Legislators, including MLA, Pampore, Hasnain Masoodi on regularisation of land under occupation of private educational institutions, Party Chief Whip, Mubarak Gul’s resolution on protection of lakes and water bodies. MLA Gurez, Nazir Gurezi’s resolution on making mandatory two years service for employees especially of Health and Education Departments in border and far flung areas of the UT which were later withdrawn by the MLAs.
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Masoodi’s resolution on regularisation of State and all types of Shamilat land in possession of registered private and Government educational institutions was strongly opposed by BJP with party MLAs Pawan Gupta and Rajiv Jasrotia raising objections to it.
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While opposing the resolution tooth and nail Gupta said that this is a ploy to put premium on encroached State land. The Government should recover the rent from those who used the State land till now, he added.
He rejected Roshni Act as State can’t act like private body. He also quoted judgment of Supreme Court in this regard saying that the Apex Court has consistently held that the State can’t act like a private individual in distributing largesse (public resources, contracts, licenses, land) and must act fairly, reasonably and without discrimination as mandated by Article 14 of the Constitution. The distribution of public resources must be based on a transparent, non arbitrary and well defined policy, he said while quoting SC judgement.
He also made references to some key case laws in this regard and said the judiciary mandates that the State act as a trustee of public property, typically utilising public auctions or tenders to ensure transparency and prevent nepotism.
While opposing the resolution, BJP’s Rajiv Jasrotia said that every issue is being linked to 2019. He asked: “do they (education institutions) possess a right on this land? There are so many types of illegal encroachers. Forest land and Government land has been encroached. Former Chief Minister, Ghulam Nabi Azad brought popular scheme under the name of Roshni Act and said that the income received under the scheme will be utilised for power generation in the erstwhile State. He gave ownership rights to the people on this land saying this way Rs 25,000 crore will be generated but only one crore revenue was earned.”
He said the case was taken to High Court and Divisional Bench of the Court rejected it by declaring it un Constitutional. The matter is sub-judice and the resolution should not have come. He warned that this resolution will open pandora’s box.
Minister of Health and Education, Sakina Ittoo in her speech while opposing the resolution appealed the MLA to withdraw it. She said the order was issued in 2019 asking private schools to vacate the State land otherwise they will not be given registration.
She, however, said “After NC Government assumed office it gave them one year time now they again approached and we have granted them extension for one more year.”
The Minister said that for future the Government will see what it can do but the member should withdraw his resolution. Masoodi said till any decision is taken the Government should continue their registration.
The Minister said the Government has already granted one year’s extension to them.
The MLA, while making strong argument in support of his resolution, said that these private institutions support Government in dissemination of education on no profit basis and they are not the commercial institutions.
Nizam-ud-Din Bhat of Congress also strongly supported the resolution saying that it should be considered. NC’s Farooq Ahmed Shah also supported it saying when they (BJP) gave land to outsiders why they oppose schools. His party colleague Mir Saifullah while supporting the resolution also suggested that the land under possession of poor people from two marlas to two Kanals on which they have constructed their houses be also regularised.
Later on the persistent insistence of Minister, the MLA withdrew his resolution
The resolution of NC MLA Nazir Ahmed Gurezi that promotion of employees in education and Health Department be based on two years service tenure in far flung areas was also opposed by the Government.
Opposing the resolution, the Minster of Health and Education, Sakina Ittoo said that NC Government took steps to put health sector and education sector which were ignored in last over eight years back on rails. “No work was done in transfer policy over the years. No recruitment was done in last eight years,. There was shortage of pharmacists in rural areas”, she added.
But this Government took various steps and the members should appreciate that something is better than nothing. She, while opposing Gurezi’s resolution asked how can she promote an employee by sending him to far of area while ignore his merit. Moreover promotions are made by DPC, she added.
Sakina said those taking benefit of reservations i.e RBA and ALC should serve in these areas. The reserved categories get seat and job on 200 marks while the other categories having 650 marks even don’t get selected, she added.
She said five doctors were posted in Tangdar and they preferred suspension instead of joining their duties at new place of posting. “Those appointed on reservation basis should serve in these areas”, she reiterated. She however said that Omar Abdullah Government has decided to give incentives to the employees working in far flung areas now and appealed the member to withdraw the resolution. On the insistence of Minister, Gurezi withdrew his resolution.
Another private member’s resolution moved by NC’s Mubarak Gul that the House resolves that considering the alarming degradation of lakes and water bodies in the Union Territory of J&K, the Government should establish a dedicated Lakes Water Bodies Waterways Development Authority the pattern of Manasbal Lake Model with a mandate for protection, restoration and sustainable development of Khusal Sar, Gilsar, Shallbug water body etc. was also withdrawn by the MLA later after Minister of Rural Development and Panchayati Raj, Javed Dar opposed it.
The resolution was supported by NC’s Salman Sagar, Tanveer Sadiq, Mir Saifullah and Nizam-ud-Din Bhat of Congress. While Salman Sagar alleged mass corruption is cause of deteriorating condition, Saifullah Mir said that Hakursar has been turned into housing colonies by land mafia who after filling the water body developed residential plots there which is a grave concern.
The Minster, while opposing the resolution made it clear that it is not practicable to frame another Development Authority this time as it needs human resources etc which is impracticable at this juncture. He however said that Government will take appropriate measures in protecting the water bodies under existing law and Acts and appealed the MLA to withdraw the resolution.
However, Gul sought some assurance from Government otherwise he will be constrained to get the resolution next time also in view of the deteriorating conditions of these water bodies.
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