Dr Raja Muzaffar Bhat
The issue related to payment of fair compensation to famers affected by Semi Ring Road in Kashmir valley has finally landed in the High Court of Jammu and Kashmir. While hearing the petition filed by around 200 aggrieved farmers from four districts of Pulwama, Budgam Srinagar and Bandipora , Justice M K Hanjura in his interim order directed the state authorities to consider compensation for the affected villagers as per the NHAI’s communication of October 4th 2017 wherein National Highways Authority of India (NHAI) had told Deputy Commissioner Budgam that they have no issues in paying compensation as per the Central Land Acquisition Act also called Right to Fair Compensation under Land Acquisition Rehabilitation and Resettlement Act (RFCLARR 2013) provided state of J&K adopts the law. The court also said that final payment on account of compensation to farmers would remain subject to the final outcome of writ petition. Under RFCLARR Act 2013 affected people / farmers get four times more compensation than the actual market value of land and property in rural areas and this compensation is double in urban areas. The affected farmers from around two dozen villages of Pulwama ,Budgam ,Srinagar and Bandipora districts have petitioned before the J&K High Court through their counsel M Y Bhat that the due process of law has not been followed by Government authorities. Petitioners in addition to payment of inadequate compensation allege that the provisions of J&K Land Acquisition Act have been violated as various notifications were not issued in local urdu newspapers plus necessary drumbeating was not done in the villages where land is to be acquired for the highway construction.
After handing over the Semi Ring Road project to National Highways Authority of India (NHAI) , the NHAI management has recently allotted the contract to Hyderabad based M/s RAMKY Infrastructure Ltd. On the other hand farmers are adamant to give their land on the meager compensation and a legal battle has finally bugan over this issue after Government gave lukewarm response to the farmers. The anti farmer policy adopted by Government and NHAI could have led to serious law and order situation in the villages where from highway work will be taken up in the coming weeks and months. But after the judicial intervention, things may calm down for some time.
National Highways Authority of India (NHAI) has issued Letter of Award for construction of the proposed Srinagar Semi Ring Road / Bypass from Galander Pampore to Sumbal crossing on the Jammu-Srinagar highway (NH-1A). The Project would be implemented on Engineering, Procurement and Construction (EPC) Mode with construction period of 36 months.The estimated Project Cost is Rs 939.41. The entire greenfield alignment has been proposed on the western side of Srinagar City to cater to/provide connectivity to the habitation on that side. As per Government plans the new highway will also provide smooth and easy traffic flow in and around Srinagar City. Vehicles carrying heavy machinery to border/ strategic areas of Baramula, Uri, Kupwara, Bandipora and Gandarbal will have an easier, congestion free passage along this route. The new Bypass will pass through 52 villages and six Districts of Pulwama, Budgam, Baramula, Srinagar,Bandipora and Ganderbal.
Affected farmers in Jammu region also allege that Government is putting a pressure on them to give away land on a very low price. This is creating a public outcry in both the regions of Jammu & Kashmir. It is for the first time that farmers of Jammu / Kashmir divisions have united against this move. Under the banner of Ring / Semi Ring Road Land Owners Welfare Committee a joint organization of affected farmers has been created few months back which has members from almost eight districts of J&K right from Kathua, Samba to Budgam and Ganderbal.
Affected farmers whose land is going to be acquired for Semi Ring road connecting Pampore in South Kashmir with ManigamGanderbal in North and Central Kashmir via Budgam came on roads in Srinagar several times demanding fair compensation for their land. Similarly farmers from Kathua , Samba , Jammu also held several demonstrations. Irony is that stamp value in Kathua and Samba is much less than other districts. I have been told that in some places stamp value of land is mere Rs five to seven lakh also per kanal in Kathua. Right now under existing law J&K Government pays compensation at the rate of stamp value plus 15 percent Solatium (Jabirana) which is complete injustice with the farmers. Similarly in Kashmir valley the stamp value is again low when compared with market value of land. The stamp value for instance in Wathooraarea of Budgam which is located 10 kms from Srinagar city is Rs 28 lakhs per kanal, but the market value ranges between Rs 6o to 90 lakh / kanal. Same is the case in Ichgam, Gudsathoo , Dharmuna , Narbal, Ranbir Garh , C R Khan and other villages of Budgam and Srinagar districts. The affected farmers whose land is acquired are not able to purchase land near the vicinity of proposed highway as rates have gone too high. Farmers have been telling Government if they can’t pay adequate compensation to them, let Government provide alternate land around the highway to farmers.
Conclusion
The National Highway Authority of India (NHAI) pays adequate compensation (4 times more than market value of land) to the farmers during land acquisition for construction of similar highways in other states of India. As per the provisions of Right to Fair compensation for Land Acquisition Rehabilitation and Resettlement Act (RFCLARR) enacted by Congress lead UPA Government in 2013, land and property owners get four times more compensation than the marketvalue in rural areas and two 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 the fair compensation. Why cannot Government of Jammu and Kashmir pass a cabinet order wherein compensation for land acquired by central Government agencies should be paid compensation as per the RFCLARR Act of 2013. From last 5 years I have written more than one dozen articles on the issue of Land Acquisition and disparity in payment of compensation. It seems Government is not ready to listen to the woes of farmers. Now the matter in before High Court of Jammu &Kashmir , I am sure farmers and affected people will get justice from this forum very soon.
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