*Corrupt officials with oblique motives shielding mafia
Mohinder Verma
JAMMU, Feb 12: Obser-ving that some corrupt officials in the Government agencies with oblique motives are shielding the land grabbers and land mafia for obvious reasons besides trying to project distorted reports about the encroachments, Division Bench of State High Court comprising Chief Justice N Paul Vasanthakumar and Justice Tashi Rabstan has directed the Government to frame a policy/ scheme for safety, prevention and restoration of wetlands, marshland, flood channels as well as land recorded as khads in the revenue record.
Moreover, while asking the Government to maintain status-quo with respect of such lands/khads, the Division Bench has directed for preserving the sanctity of River Tawi from being polluted further by the waste and toxic water emanating from unauthorized as well as unauthorized colonies alongside the pious river by including stringent and effective measures in the policy, which shall come up within a period of two months from today.
These significant directives have been passed in two Public Interest Litigations (PILs) filed by Balbir Singh and Rashpal Singh. Through the medium of these PILs, the petitioners sought directions to the Chief Secretary, Commissioner Secretaries of Revenue, Public Works, Irrigation and Flood Control, Law and Finance Departments besides the Divisional Commissioners of Jammu/Kashmir, Director General of Police, Chief Engineers of Irrigation and Flood Control, Commissioner of Jammu Municipal Corporation and Vice-Chairman Jammu Development Authority for strictly implementing the Jammu and Kashmir Water Resources (Regulation and Management) Act, 2010 and preparing State Water Policy and Plan for development, management planning, utilization and monitoring of water resources in the State by demolishing the unauthorized constructions and obstructions including removal of encroachments from nullahs and streams.
It was averred that Water Resources (Regulation and Management) Act was enacted to preserve water bodies, wetlands, water courses, drainage, lakes and spirits as well as State land in the shape of khads from being encroached by anti-social elements, land mafia and builders. But the Authority has neither been stopping the encroachments nor any action as contemplated under the Act is being taken.
It was also contended that due to illegal occupation of khads on both sides of River Tawi from Sidhra Bridge to Nikki Tawi Bridge huge unauthorized colonies have come up with the active connivance of officers and officials of the Revenue Department, Irrigat-ion and Flood Control Department, PWD, Jammu Development Authority and Jammu Municipal Corpora-tion besides other instrumentalities of the State.
During the course of hearing in these PILs, the High Court was also apprised through photographs that land marked as khads in the revenue record has been used for construction works in the shape of residential and commercial structures, big malls and showrooms.
Advocate General appearing for the State stated at the Bar that concerned authorities have already taken steps against the encroachers and stopped the encroachment of land recorded as khads in the revenue record. Moreover, in pursuance of the provisions of the Water Resources (Regulation and Management) Act, formation of State Water Policy and Plan for development scheme is under process.
In the compliance report, the Divisional Commissioner submitted that steps are being taken to stop encroachments on land recorded as khads in the revenue record and other water bodies. He informed that even major construction work of flats falling under Khasra No.280 situated at village Narwal Bala has been stopped as the same were being constructed on ‘Gair Mumkin Khad’.
The Revenue Secretary, in his compliance report, informed the Division Bench that despite clear cut ban on ‘Gair Mumkin Khads’, transactions are being effected of khads and even structures/buildings are being constructed over such land.
After detailed hearing, the Division Bench observed, “it has been brought to our notice that revenue officials and local police have nexus with the land grabbers and that is why the concerned Tehsildar Settlem-ent has submitted false report in a particular case terming the encroachment to be incorrect”, adding “this clearly indicates that some corrupt officials in the concerned Government agencies with oblique motives are shielding the land grabbers/ land mafia for obvious reasons”.
“Encroachment of State land is a cause of grave concern. The State Government and its functionaries are duty bound to save and prevent the wetlands/marshland as well as land recorded as khads in the revenue record and for this purpose proper State Water Policy and Plan in terms of Section 4 of the Water Resources Management Act is required for development, management, utilization, monitoring of such water resources in the State as well as restoration of such lands by proper demarcation and avoiding construction work besides concentration of human population”.
Stating that this can be done only by good urban planning along with hydrological understanding, the DB said, “since the State respondents have failed to disclose about the framing of State Water Policy and Plan/Scheme in terms of the Act, we direct them to frame such policy/scheme for safety, prevention and restoration of wetlands/marshland/flood channels as well as land recorded as ‘khads’ in the revenue record”.
“This is also imperative for preserving the sanctity of River Tawi from being polluted by the waste and toxic water emanating from authorized/ unauthorized colonies alongside river Tawi by including stringent and effective measures, positively within a period of two months from today”, the DB further directed, adding “till the time such policy/ scheme is framed by the State Government, order dated 10th July, 2014 and status-quo with respect to such land/khads shall remain in force”.
Keeping in view the provisions of the Water Resources Management Act, the DB directed the petitioners to approach the competent authority for agitating their grievance and such an authority shall consider and decide the matter accordingly.
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