By M A Parray on May
21, 2016
Srinagar: The J&K
High Court on Friday directed the 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 for freeing Kahcharie (pasture) land
of encroachments.
More than 3,40,000
kanals of agriculture land has been converted for other purposes,
mostly constructions, in the past four years alone, showing
government’s failure to curb the alarming trend.
As soon as the
hearing in a Public Interest Litigation started, a bench of Justices
Muzaffar Hussain Attar and Ali Mohammad Magrey suggested to advocate
general DC Raina that the government may constitute the two
authorities, which could be the Divisional Commissioners of each
division, for implementation of the Land Revenue Act, Agrarian
Reforms Act and other allied legislations, Supreme Court directions
in Jagpal Singh and Others Vs State of Punjab besides orders passed
by the high court from time to time.
The advocate general
responded in affirmative and subsequently the court directed the
government to pass necessary orders for appointing the authorities.
“The authorities
shall, besides monitoring the implementation of the relevant laws,
also evolve a mechanism for the 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 the land for other uses such as construction of houses,
etc., 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 authorities concerned,” the court
said while disposing of the PIL— Human Watch (Regd) International
Vs State & others, 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 in State land, Shamilat or Khacharie land.
The apex court (in
the Jagpal Singh and others v. 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 unauthorised occupants of Gram Sabha, Gram
Panchayat, Shamilat Land for the common use of villagers.
http://kashmirreader.com/2016/05/hc-tells-govt-appoint-authorities-to-halt-agri-land-conversion/
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