HC stays recovery of ‘Aabyana’ from farmers

Excelsior Correspondent
JAMMU, Jan 4: High Court of J&K and Ladakh has kept in abeyance the notice dated November 11, 2022 directing recovery of ‘Aabyana’ from the farmers.
The order has been passed by Justice Javed Iqbal Wani in a writ petition filed by several farmers of Jammu through Advocate Aseem Sawhney. The petitioners have filed writ petition against Union Territory of J&K through Principal Secretary/ACS Finance, Commissioner/Secretary, Director Finance Jal Shakti Department, Chief Engineer, Irrigation & FC and others seeking directions for not charging Aabyana from them.
The counsel for the petitioners submitted that Government of J&K through Department of Irrigation & Flood Control supplies water through water canals / channels to land of the petitioners for the farming / cultivation purposes.
For these water irrigation facilities, the Govt used to collect water tax called “Aabyana” from the villagers. However in the year 2015, precisely on 22nd March 2015, the Govt of J&K in its budget presentation had categorically abolished ‘Aabaya” and the same was announced by then Finance Minister on the floor of the legislature.
Now suddenly the petitioners through village Numberdars have received a notice of the Zilladar Irrigation demanding Aabyana from 2015 onwards and this decision is harsh, punitive and arbitrary.