Srinagar: In the case pertaining to the compensation for hundreds of acres of farmers’ land occupied by the defence forces at Damodar Karewa near Srinagar Airport, the High Court of J&K and Ladakh has directed the respondent forces to carry forward the matter to its logical conclusion.
The Defence Estates Department of the Government of India in 2012 made a requisition to J&K Government for acquiring around 3800 kanals approximately (480 acres) near Srinagar Airport also called as estate Karewa Damodar falling under the revenue jurisdiction of District Budgam.
The land belongs to farmers from several villages located around Srinagar airport including Humhama, Rawalpora, Gogoland, Rangreth, Kralpora, Wathoora, Buchroo, Lalgam, Panzan, Gudsathoo and others. The process for land acquisition began under J&K Requisitioning and Acquisition of Immovable Properties Act in the year 2011, but till date the final payment is yet to be disbursed, say the aggrieved farmers.
In 2013-14 they were paid a measly compensation of Rs 4.80 lakhs per kanal. However, after much public outcry the Collector and Defence Estates Department later on decided that the affected farmers be paid Rs 18 to 20 lakhs per kanal. But even after 10 years the officially decided payment is yet to be paid to the affected families, they said.
The farmers also say that the Right to Fair Compensation and Transparency in Land Acquisition Rehabilitation and Resettlement Act was extended to J&K post-Article 370 abrogation but the affected farmers have been singled out in this case.
The official apathy has even deprived the farmers of even Rs 18 to 20 lakhs per kanal despite the market rate of this land being approximately Rs 2 crores per kanal in these areas, they added.
Justice Rahul Bharti while hearing the farmers directed all the respondents concerned to carry forward the exercise for acquisition of the requisitioned property/ies to its logical end within a reasonable period of time.
The respondents have also been directed to bear in mind the fact that even the Supreme Court of India in its order dated 14.12.2009 had set up a timeline for doing the exercise which has expired long back without the desired exercise having been taken to its logical end and closure.
The petition had been filed under “Zamindaran Committee” through its president Shabir Ahmad Sofi.
T M Shamsi, Deputy Solicitor General of India told the court that an exercise has been set afoot under the regime of J&K Requisitioning and Acquisition of Immovable Property Act, 1968.
“The exercise which has been set on roll for acquisition of the requisitioned property is going to attain its logical end and purpose within a reasonable period of time given the fact that multi-layered formalities under the J&K Requisitioning and Acquisition of Immovable Property Act 1968 are required to be rigorously followed,” he said.
The court held that in the light of a statement by Shamsi, it sees that the writ petition shall remain no longer on the docket of this court. A fair disposal can be given to this writ petition by directing all the respondents concerned to carry forward the exercise for acquisition of the requisitioned property/ies to its logical end within a reasonable period of time, it said.
Interestingly, the court left the sense of “reasonable time” to the discretion of the concerned respondents.
“However, in case if any landowner/holder of the requisitioned property would reckon that the concerned respondents are indulging in dilatory tactics and/or time wasting despite disposal of this writ petition by extending reasonable time at the disposal of the respondents, then such an aggrieved land owner/holder would be well within his/her right to come forward individually or jointly with an independent writ petition. They can seek the relief for which present writ petition came to be filed without reference to any individual aggrieved owner/holder but in a representative capacity,” remarked the court.
