*Niabat, Tehsil wise joint teams to carry out operation
Mohinder Verma
JAMMU, Nov 26: After being reprimanded by the High Court over encroachment on 20 lakh kanals of State land across Jammu and Kashmir, the Government has directed all the Deputy Commissioners to immediately frame Action Plans and thereafter go ahead with removal/eviction of encroachments. Moreover, they have been directed to furnish Action Taken Reports (ATRs) on fortnightly basis for the monitoring at the highest level.
The Division Bench of State High Court in its order dated October 26, 2015 read with order dated May 6, 2015 passed in a Public Interest Litigation titled Prof S K Bhalla Versus State of Jammu and Kashmir and Others, had directed the State to furnish a report regarding mechanism proposed to be evolved to remove encroachments and restore such a huge encroached land to its original status.
These directions were issued after it was submitted before the Division Bench of the State High Court that more than 20 lakh kanals of State land is under illegal occupation of the land mafia, which has the backing of politicians, bureaucrats and police officers. On last date of hearing, the DB had noted with concern the dilly-dallying tactics on the part of the Government despite the fact that Assami-wise lists of encroachers as received from Deputy Commissioners of Jammu division have already been submitted to the High Court.
Now, after being reprimanded by the High Court, Divisional Commissioner Jammu, Dr Pawan Kotwal Vide Communication No.601/RA/ WPPIL-19/2011/719-31 dated November 17, 2015 has issued detailed instructions to all the Deputy Commissioners regarding removal of encroachments on State/Kahcharai/Common land and to implement the directions of the High Court.
“All the Deputy Commissioners are directed to frame district wise encroachment removal Action Plans and thereafter go ahead with the removal/eviction of all encroachments on State/Kahcharai/Common land in a systematic and planned manner by forming Niabat-wise, Tehsil-wise and Sub-Division wise joint teams involving/requisitioning help of Police authorities under law as provided under Section 133 of Land Revenue Act, 1996”, reads the communication of Divisional Commissioner, the copy of which is available with EXCELSIOR.
The Deputy Commissioners have also been directed to furnish Action Taken Reports (ATRs) regarding eviction drive on fortnightly basis for monitoring at the highest level in the Government. “The directions shall be implemented in letter and spirit”, the Divisional Commissioner has made it clear to the Deputy Commissioners. Dr Pawan Kotwal has also brought his instructions to the Deputy Commissioners to the notice of Commissioner/ Secretary to Government, Revenue Department vide communication dated November 24, 2015.
According to the official data available with EXCELSIOR, over 10,40,241 kanals of State/Kacharai/Common land is under encroachment in 10 districts of Jammu province and a total of 1,12,461 persons are involved in this illegal activity.
In Jammu district, 249756 kanals of land is under illegal control of 26091 persons while as in Rajouri district 289471 kanals of land is under illegal occupation of 21520 persons. Similarly, 3037 persons are in the illegal possession of 20009 kanals of land in Samba district and 12889 persons have illegally occupied 154664 kanals of land in Reasi district.
Moreover, 8251 and 5140 persons have illegally occupied 60089 kanals and 12780 kanals of land in Udhampur and Kishtwar districts. In Kathua district, 29401 kanals of land is under illegal control of 3794 persons while as in Poonch district 105404 kanals of land is under illegal control of 13499 persons. A total of 7166 persons have illegally occupied 67085 kanals of land in Ramban district and 11074 persons have unauthorizedly occupied 51579 kanals of land in Doda district.
The failure to evict encroachers from the State land is notwithstanding the fact that law regarding removal of encroachments on State/Kahcharai/Common land is detailed under Section 133 of Land Revenue Act, 1996. Under this law, a revenue officer of the rank of Assistant Collector of 1st Class (Tehsildar and Assistant Commissioner Revenue) or the officer-incharge of Settlement or an Assistant Collector of 1st Class subordinate to him is empowered to remove the encroachments.
“Now, it is to be seen as to how the Deputy Commissioners implement the directions of the Divisional Commissioner and High Court as such instructions through formal orders in the recent past have failed to yield positive results till date”, sources said.
The Secretary to the Government, Revenue Department, Muhammad Afzal vide Order No.135-Rev of 2015 dated August 25, 2015 had issued directions for eviction of un-authorized occupants from the State/Common land in a time bound manner. It was specifically mentioned in this order that provisions of Jammu and Kashmir Land Revenue Act, 1996, J&K Common Lands (Regulation) Act, 1956 and other relevant provisions of law in force in the State were mostly being observed in breach as a result of which thousands of kanals of State/Kacharai land continues to be under the illegal occupation.
However, there is little compliance of this order of the Revenue Department till date and lackadaisical approach continues to prevail as a result of which the activities of land mafia remain unchecked. “The High Court should closely monitor the performance of the Deputy Commissioners so that entire encroached land is restored”, sources suggested.
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