Early Times Report
srinagar, Nov 29 : The state High Court has expressed its non-satisfaction with the steps taken by the authorities in implementing its orders as well as performing their statutory duties regarding conversion of agriculture land in the state.
Hearing an application filed with a PIL, a division bench of Justice Muzaffar Hussain Attar and Justice Ali Mohammad Magrey also sought fresh compliance reports from the concerned authorities while posting the case for further consideration in the week commencing from December 27.
"We are not satisfied with the steps taken by the authorities in performing their statutory duties and implementing the court orders," the bench said after taking on record a compliance report filed in the court by the additional advocate general.
"What we feel from the affidavit filed today in the open court is that only poor people are being deprived of the land in as much as only same piece of land has been shown to have been retrieved. It appears that the axe of the authorities has fallen on the poor and marginalized section of the society," the bench said.
In May this year, the court had directed government to appoint two authorities, one each in Srinagar and Jammu, for the implementation of local laws and Supreme Court directions regarding non-conversion of agriculture land as well as retrieval of kahcharie (pasture) land from encroachers across the state.
There has been an alarming trend of constructions on agriculture land and over 3,40,000 kanals of land had already shrunk in last four years due to government's failure to curb the farmland conversion.
"The authorities will, besides monitoring the implementation of the relevant laws, also evolve mechanism for protection and preservation of the retrieved land," the court said and directed the authorities to file compliance report after every two months before the Registrars Judicial of both the wings of the high court.
The Land Revenue and Agrarian Reforms Acts empower the revenue authorities to stop the conversion of land for other uses such as construction of houses and take action against the violators.
"Any person would be at liberty to approach the court with the grievances or complaints that the judgment is not being implemented and or compliance report filed is not correct. On such a motion, the court may then initiate contempt proceedings against the concerned authorities," the court had said while disposing of the PIL, seeking implementation of the Land Revenue Act, Agrarian Reforms Act, J&K Alienation of the Land Act and other applicable legislations to stop the alarming conversion of the farmland.
Any person, the court said, would be at liberty to approach the divisional commissioner of each division about the violation of the laws and encroachments made on state land, shamlat or kahcharie land.
The Apex Court (in the Jagpal Singh and others v/s State of Punjab and others, 2011) has laid down that illegalities committed in nature of usurpation of Common Lands of the village communities cannot be regularized and the common interest of the villagers cannot be made to suffer merely because the unauthorized occupation has subsisted for many years.
It had directed the Chief Secretaries of all the States to formulate the schemes for eviction of illegal and unauthorized occupants of Gram Sabha, Gram Panchayat, Shamilat Land for the common use of villagers.
The divisional commissioner, Kashmir, placed before court the status reports of DCs of Srinagar, Ganderbal, Bandipora, Baramulla, Kupwara, Pulwama, Shopian, Kulgam, Anantnag and Budgam, stating that 101371.19 kanals of kahcharie (pasture land) had been retrieved by them in their respective districts.
Without giving any details about the illegal conversion of agriculture land, the divisional commissioner had stated that DCs had reported that the conversion of agriculture land was not being allowed and incase any violation was noticed, it was being dealt in accordance with relevant provisions of law.
"If any construction is raised on the agriculture land, it is being demolished without any lapse," the DCs had stated. |
