Politicians, big sharks involved in forest land encroachment remain untouched in J&K

Mohinder Verma
JAMMU, Dec 6: Contrary to the oft repeated statements of the present PDP-BJP Coalition Government about tightening noose around the encroachers of the forest land, the politicians, bureaucrats and other big sharks involved in these illegal activities have remained untouched in the length and breadth of Jammu and Kashmir. Moreover, the concerned Law Officers have not been taking interest in getting the interim orders of the courts vacated or modified by submitting relevant details and records so as to pave the way for action under law.
Like the previous dispensations in Jammu and Kashmir the present PDP-BJP Coalition Government is also regularly coming up with official statements mentioning that those who have encroached the forest land in different parts of the State would be dealt with sternly so that the same acts as deterrent for others.
“However, the situation on ground is altogether different as only those encroachments are being targeted which can easily be removed while as politicians, bureaucrats, businessmen and other big sharks are not being touched at all”, official sources privy to the status of anti-encroachment drive told EXCELSIOR, adding “the most astonishing aspect is that Government is in the possession of list of such encroachers but it is not daring to touch them”.
“The inaction against the big sharks is sending a clear message that laws about protection of green wealth of the State are meant only for small fries and not for the influential persons, who are going scot free either by exerting pressure on law-enforcement agencies or by projecting the manipulative information before the courts of law”, sources pointed out.
During the last session of State Legislature, the Department of Forest, Environment and Ecology admitted in a written reply that large chunk of forest land has been encroached upon by the big business houses, bureaucrats and politicians including ex-Ministers and sitting Ministers. Moreover, the department even placed the list of such encroachers before the House with the mention that Government will leave no stone unturned to get the land vacated from the illegal occupants.
However, not even one step has so far been initiated to retrieve the encroached forest land, sources regretted, adding “in majority of the cases involving influential persons the interim orders from the courts have restrained the Forest Department from carrying out anti-encroachment drive but despite being aware of this the concerned Law Officers have not been taking interest in getting the interim orders vacated by placing relevant data and information before the courts”.
“The slackness of the Law Officers in this regard is notwithstanding the fact that Minister for Law and Justice, Abdul Haq Khan is repeatedly laying thrust on regular follow-up of the cases where interim orders have created road-block in carrying out exercise of immense importance”, sources further said.
As per the data of Forest Department, former Minister of Congress party is alleged to have encroached 26.20 kanals of forest land in Shopian Forest Division and under Section 48(a) of J&K Forest Act, eviction notices were served upon him for vacating of encroachment. However, he filed an appeal in J&K Special Tribunal Srinagar where the matter is under trial since long.
Similarly, matter regarding encroachment of forest land by a sitting BJP Minister in the outskirts of Jammu city is pending for disposal in the court of law and unless the concerned Law Officers convince the court with relevant data and information the interim order cannot be vacated.
Likewise, another former Minister is alleged to have encroached forest land in Sunjwan area of Jammu but the interim order from the High Court could not be vacated during the past several years because of the slackness of the concerned Law Officers.
As far as hoteliers are concerned, a prominent hotel in Gulmarg has encroached approximately one kanal of forest land for which eviction notice was issued but due to failure of the Law Officers to get the interim order of the court vacated or modified the legal action is pending.
According to the sources, the High Court of J&K had constituted a committee in the year 2004 to report the details of buildings/structures that have violated the Patnitop Development Authority (PDA) approved plan and encroached forest land.
It was found by this committee that 14 hotels in Patnitop have encroached the forest land as per the records. However, eight forest land encroachments by the hotels were evicted but the remaining six could not be touched mainly because of interim orders of different courts whereby proceedings under J&K Public Premises (Eviction of Unauthorized Occupants) Act were stayed.
“The status quo is still in-force mainly because of the failure of the concerned Law Officers to convince the courts with the relevant information for modification of their orders”, sources said.
They informed that on the directions of the then Chief Minister, Mufti Mohammad Sayeed the Udhampur district administration had identified many more encroachments on the forest land in Patnitop area and the list of the encroachers was forwarded to the senior officers of the Forest Department for action in a time-bound manner. However, no major progress has been achieved in removal of encroachments despite lapse of considerable period of time, sources added.
“There are numerous other instances in the official record of none else than the Forest Department which clearly establish that influential encroachers have remained untouched till date”, sources said, adding “unless the Government issues stern direction to the Law Officers to regularly follow these cases in the courts of law for getting the interim orders vacated or modified these encroachers will remain unpunished”.

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