*Seeks action plans for encroachments in other areas
Mohinder Verma
JAMMU, May 12: Division Bench of State High Court comprising Justice Mohd Yaqoob Mir and Justice Dhiraj Singh Thakur today directed orally the Jammu Development Authority (JDA) to slow down the anti-encroachment drive in Gole Gujral area and hinted that it will take holistic view of the issue and similar encroachments in other parts of Jammu before passing necessary orders tomorrow.
When the Public Interest Litigation (PIL) titled Prof S K Bhalla Versus State of J&K and Others regarding land grabbing came up for hearing, Advocate Sheikh Shakeel Ahmad appearing for the petitioner submitted that there was no compliance of the Division Bench directions dated April 24.
“On last date of hearing, the Division Bench had directed the Deputy Commissioners of six districts to submit Roshni scam record to the State Vigilance Organization within 2 weeks and file compliance report before the court but the orders have not been taken seriously, which is evident from the fact that no compliance report has been filed”, he said.
“Even there was half hearted approach towards the implementation of directions with regard to eviction of encroachers from the Gole Gujral area of Jammu”, Advocate Ahmad further said, adding “the anti-encroachment drive was launched only yesterday despite the fact that orders in this regard were issued by the Division Bench on March 18”.
However, Advocate Sindhu Sharma appearing for the Jammu Development Authority said that anti-encroachment drive was delayed due to non-cooperation from the Jammu Police, which ignored repeated requests from the Vice-Chairperson of JDA till yesterday. “Even yesterday police assistance was not in real essence at the disposal of the VC JDA”, she added.
“JDA is facing non-cooperation even from the Revenue Department, which is required to demarcate the transferred land”, Advocate Sindhu said, adding “be it Birpur, Khanpur Nagrota, Sunjwan and Bathindi the JDA is not getting required support and assistance from Revenue and Police Departments”.
On this, Justice Mohd Yaqoob Mir, who was heading the Division Bench sought to know why the JDA has only targeted Gole Gujral and more particularly nomads. “The anti-encroachment drive should have been everywhere. Why you have singled out a particular area?. It seems your target was only the poor nomads”, Justice Mir remarked in the open court.
Why the JDA people have ignored the big sharks in other areas where similar encroachments are there? he further asked, adding “we would have appreciated if you had started such a drive in other places too”. The DB also sought to know whether the JDA has identified such areas in other parts of Jammu.
Making further submissions before the Division Bench, Advocate Sheikh Shakeel Ahmad said, “political pressures are responsible for inaction against the encroachers and police is also reluctant to provide necessary support”, adding “there is nexus everywhere between police, revenue and big bosses otherwise there is no justification in delaying demarcation of over 66,000 kanals of land, which was transferred to JDA in different parts of Jammu and Samba districts”.
Drawing the attention of the DB towards the status report filed by JDA Vice-Chairperson, he said, “whenever JDA asked for demarcation nobody from the Revenue Department came forward for ensuring proper demarcation of such a huge chunk of land”, adding “this is a huge fraud with the State”.
Senior Advocate M A Goni appearing for the nomads of Gole Gujral submitted, “the situation of Gole Gujral has not been projected before the Division Bench in right earnest”, adding “only small hamlets of nomads have been targeted while there is no action against other land grabbers”.
On this, DB asked, “what right the nomads have to occupy the land. Can they justify the occupation of land at Gole Gujral”. However, Mr Goni tried to justify the occupation of land by quoting some official communications.
After more than two hours long arguments and counter-arguments, the Division Bench asked the counsel for the JDA to apprise the court about the encroachments on the JDA land in other parts of Jammu and Samba districts and action plan, if any, for removal of encroachers and retrieval of land.
Later, Justice Mohd Yaqoob Mir orally directed the JDA to slow down the anti-encroachment drive in Gole Gujral area till tomorrow when the Division Bench will take holistic view of the issue and similar encroachments in other areas before passing appropriate and detailed orders.
It is pertinent to mention here that Division Bench comprising Justice Virender Singh and Justice Muzaffar Hussain Attar had on March 18 directed the JDA to immediately initiate steps for evicting the encroachers from JDA land and on April 24 Division Bench comprising Chief Justice M M Kumar and Justice Muzaffar Hussain Attar, while reiterating the directions for removal of encroachers, directed the SSP Jammu to provide all necessary support to the JDA in anti-encroachment drive.
The Vice-Chairperson JDA in the status report in compliance to the order dated February 19, 2014 had categorically mentioned that land measuring 169 kanal and 7 marla was under unauthorized occupation of locals and nomad Gujjars.
Meanwhile, Jammu Development Authority continued anti-encroachment drive in Gole Gujral area and got 250 kanals of land retrieved from the encroachers.
“We have defined the points on the retrieved land and will continue drive till it is taken to the logical conclusion”, an official of JDA said, adding “we have not discriminated with any of the encroachers during the drive and the same was continued as per the laws”.
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