Conversion of agri land continues in Budgam in violation of law, High Court order

Fleet of tippers by night fills up agricultural land near Budgam Railway Station 

Ahmed Ali Fayyaz

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SRINAGAR, Oct 14: With brazen violation of the Agrarian Reforms Act and a host of orders from a Division Bench of the Jammu and Kashmir High Court, conversion of agricultural land for residential and commercial purposes is going on under the nose of the District administration in Budgam. A fleet of over 30 tippers was used by a land mafia during last night to fill up agricultural land of over 50 Kanals which is being developed for an unauthorised residential colony at Ompora village near Budgam Railway Station.

After STATE TIMES published pictures on social media on Wednesday, Tehsildar of Budgam got an FIR registered by Police Station Budgam and one of the accused persons arrested even as the residents allege nexus between a local land mafia, Police and the Revenue authorities.

"It is a huge nexus. Simple paddy land at this site costs Rs 17-20 lakh a Kanal. After the earth filling, same land is sold at Rs 45-50 lakh per Kanal. While as the expenditure on earth filling is around Rs 3 lakh, around Rs 2 lakh per Kanal is paid as bribe to Police and Revenue officials. Thus conversion means benefit of around Rs 30 lakh each Kanal. That's why everybody in the government shuts his eyes and risks even contempt of the High Court orders", one Manzoor Ahmad Wani on behalf of the residents explained to STATE TIMES.

Another resident Ghulam Rasool made a sensational revelation. "Police and Revenue officials have already registered three FIRs in January, April and May for this violation so as to prove that they are working and are not part and parcel of this scandal. The accused get enlarged on bail and resume their illegal job within days. Not a single case has been challaned. The complaints sent to Chief Secretary, Divisional Commissioner and DGP are gathering dust as nobody has spine to touch the Naib Tehsildar who has been continuously posted in Budgam for over 25 years and become a billionaire".

"NT has been suspended three times but it takes him just weeks to get himself reinstated and posted back to Humhama or Budgam. Whole government knows that he has got hundreds of Kanals of Kahcharai land grabbed by land mafia near Industrial Estate of Ompora where another unauthorised colony is being developed. Huge amounts of this illgotten money go to different influential people and government officers", another resident revealed. All the residents interviewed by this newspaper, however, described Tehsildar Suhail Ahmad as an honest and hard working officer.

Divisional Commissioner of Kashmir Dr Asgar Samoon did not respond to phone calls from this newspaper.

After the pictures of the fresh earth filling appeared in social media, Tehsildar of Budgam Suhail Ahmad visited the spot. On his return, he said: "Yes, that's right. I myself observed fresh violation and massive earth filling on this site. I immediately sent a written direction to SHO Budgam to file a fresh FIR. He has now filed case FIR no: 287/2015 under sections 188, 427 and 447 and got one of the accused, Bashir Ahmad Paul, arrested".

On Wednesday evening, SSP Budgam Fayaz Ahmad Lone told STATE TIMES that stopping conversion of agricultural land into residential and commercial purposes was primarily the responsibility of the Revenue Department. He said Police had a limited role in preventing these violations. As regards the Ompora violation, SSP Budgam maintained that Police filed FIR and got the kingpin arrested immediately after learning about it. He confirmed that dozens of tippers had been employed during last night for illegal earth filling on agricultural land in Ompora.

Both SSP and Tehsildar said that the land owners failed to produce necessary permission of land use change if any issued by the competent authority (Minister of Revenue). Subsequently, officials attached to Personal Section of the Revenue Minister Javed Mustafa Mir maintained that the Minister or his predecessors had not granted any permission of land use change at Ompora Budgam.

According to section 13 of Jammu and Kashmir Agrarian Reforms Act, nobody other than Minister of Revenue is competent authority to grant land use change.

Interestingly, conversion of agricultural land in Budgam has been going on also in blatant violation of a host of orders of the DB of Jammu and Kashmir High Court in the PIL filed by an NGO, Human Watch International. Judges Muzaffar Hussain Attaar, Janak Raj Kotwal, Mohammad Yaqoob Mir besides Mansoor Ahmad Mir, have issued different orders to DCs to ensure that no agricultural land was converted anywhere in the State.

In March this year, DB comprising Mr Justice Attaar and Mr Justice Kotwal slapped notices of contempt of court on Deputy Commissioners of Anantnag, Pulwama, Srinagar, Ganderbal, Bandipora, Kupwara, and Shopian. The direction followed as the Deputy Commissioners failed to file the compliance and the status report as directed by the court on previous date of hearing.

In December last year, the court had directed all the Deputy Commissioners to comply with November 25, 2014 order, warning them of contempt proceedings over failure.

On November 25, the court had directed all Deputy Commissioners to “faithfully” follow statutory provisions and its directions on conversion of agriculture land and file fresh status report. The court had already passed directions for implementing the Land Revenue Act, Agrarian Reforms Act, J&K Alienation of Orchards Act 1975 and other applicable Acts.

The Acts, as observed by the court, 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. Same DB termed the compliance report filed by the Deputy Commissioner Baramulla as mere “eye wash” and warned contempt proceedings against him over the failure to comply with its orders.

Subsequently, DCs filed fresh compliance reports.

Under the law, the land on which violation of Agrarian Reforms Act has taken place, shall vest in the State.

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