Dr Raja Muzaffar Bhat
As already mentioned in my previous columns a large number of fruit bearing trees have been axed during execution of various “developmental projects” in Jammu and Kashmir from last several years. The intensity of tree felling has increased during last few years when few mega developmental projects were commissioned in J&K . Some projects have recently been taken up for execution. From Kathua to Ganderbal and Samba to Amargrah (Baramulla) thousands of trees have been axed during execution of Ring Road and laying of Samba -Amargrah 440 KV Double Circuit transmission line. The process of fruit tree felling has not come to a halt as this process is still on especially on Pampore – Ganderbal andKathua -Udhampur semi ring road projects.
Jammu & Kashmir is a land deficit state where average land holding is mere 3 to 4 kanals / family . The land holding in other states is 20 to 25 kanals / family. Government has fixed land compensation rates @ 4 times the market value of land there as per 2013 Land Acquisition Act , while as in J&K even the market value of land is also not being paid when the same is acquired for construction of highways or other infrastructural projects . The reason is non applicability of 2013 Land Acquisition Rehabilitation and Resettlement Act in Jammu & Kashmir. Technically affected people in J&K should be provided 8 times more rate of land in view of land scarcity in J&K, but this point is not at all taken into consideration and our land and property is being forcibly occupied by Government. When it comes to payment of compensation for fruit bearing trees the assessment is made as per 23 year old rates. This is again an injustice with us.
Background of the case
The affected people in J&K have a common cause and common grievance about irrational and unrealistic assessment made by the Department of Horticulture in respect of the fruit bearing trees located in the lands / orchards owned by people having come under the acquisition process for construction of semi Ring road connecting Pampore with Ganderbal via Budgam, Baramulla ,Bandipora and Srinagar districts. In Jammu division as well many fruit bearing trees have been axed or would be axed in the coming months. During land acquisition for Samba Amargrah transmission line also hundreds and thousands of fruit trees have been felled but in this case also compensation is paid as per 1993 rates of the Government.
Apart from the trees that would be axed or have been axed , there are other fruit bearing trees which are located on the boundaries of the acquired land on semi Ring road . These trees which will be located on the periphery of the proposed Ring Road in future have not been included in the process of acquisition. These trees will be coming in direct contact with the road in the future years and that will decrease its yield due to traffic congestion, air pollution and human contact. Same is the case with fruit trees that are under transmission line corridor. There yield will not only decrease due to huge electrical and magnetic field but the orchardists can’t even spray pesticides on them as it is prohibited under the transmission line.
Orchardists especially in Kashmir valley and few districts of Jammu division have invested all their earnings in establishing apple , pear , walnut , plum and mango orchards which are at the prime of their age yielding substantial crop annually. This is sufficient for sustenance and upkeep of many affected families. By depriving them of their land as well as the income generating source, Government of J&K is under a legal and constitutional obligation to award such compensation as would be rational, in-tune with the quantum and quality of the fruit so yielded as also as per prevalent market rate of the crop. However the department of Horticulture has not only adopted unfair and irrational form of assessment but their assessment also varies from area to area without any justifiable reason.
Vague assessments
Orchardists in many areas are aggrieved of the irrational and unfair assessment of quantum of compensation.The assessment made for plum trees in WathooraBudgam was conducted on 31.12.2017 or immediately preceding the said date when not even the leaves were on the trees not to speak of the fruit about which assessment has been made. The prime season for conducting rational assessment of the fruit depends upon the ripeness of the crop which varies from one type of the fruit to the other one. To illustrate, the Plum crop ripens byJune end while as the Pear (farash variety) ripens in August which is followed by Apple crop which is harvested in September to October. Therefore the so called assessment made by the Department of Horticulture is based on surmises and conjectures and does not depict the actual position of the crop. On this ground alone the assessment so made is vague unfair and unjustified. After High Courts intervention fresh assessment order was issued on June 27th this year , but there was a long delay to undertake assessment of plum crop especially . This was again undertaken after July 7th when the fruit had been harvested a week back. The assessment made by Horticulture department it is based on the rate list which used to be prevalent about 23 years before ie rate list of year 1995 ( Rs 16 / kg for apple , Rs 13 / Kg for Plum).
Conclusion :
The assessment made by horticulture department is also bad in law for the simple reason that the quantity of fruit shown is based of hypothesis and assumptions. Any untimely and unseasonal assessment cannot in any manner lead to actual quantity of the fruit so yielded by a fruit bearing tree. It is totally unbelievable and unjustifiable that a fruit bearing plum tree of 22-25 years old will yield only 15 kg of fruit every season while as more than 15 kgs do shed down when the fruit is ready to be harvested. Thus the assessment about the total yield of fruit carries a big question mark and is required to be looked into . On this ground also the assessment so made is totally unwarranted and unfair. The department of horticulture is following age old and obsolete rates just with malafide intention to deprive the farmers from legitimate compensation. After judicial intervention the department is planning to revise the rates, but as per sources Government is not ready to give retrospective effect to the fresh rates and the affected farmers / orchardists whose fruit trees have been axed or would be axed in the coming weeks or months would be deprived of fair compensation as per 2018 rates. I have already brought this matter into notice of Advisors to Governor K Vijay Kumar, Khurshid Ganai and B B Vyas. The Chief Secretary has also been apprised of these facts.
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