In the middle of campaign against illegal land encroachment, concerned Departments in Kupwara fail to identify the land.
Kamran Ashraf Bhat
A campaign was started in March 2020 by Government of Jammu and Kashmir to retrieve illegal encroached land but In Kupwara’s Gushie village from two years concerned department are failing to takeover government land, which has been encroached by locals.
According to official documents which were received by Inside Kashmir, locals, who have been vocal about illegal construction aiming at encroaching government land, brought up this issue into the notice of concerned revenue department. The department found construction raised on Khasra No. 1045/1, which is recorded as ‘Kacharaie land’ as per the stance taken by the same department at that moment. The construction was partially demolished and removed fencing from the land under full police protection in mid-November 2020.
While challenging the same status of the land, Local resident, Mohammad Sultan, of Gushie, a village located at the adjacent area of Kupwara district, re-encroached the land by establishing a tin shed which was earlier demolished.
Local sources told, Inside Kashmir, that residents of this village, again brought this issue on the docket of Tehsildar Kupwara, but to everyone’s surprise, the land was declared as part of R&B road.
“On 02/12/2019, through a proper representation, we requested Tehsildar Kupwara to take notice of this issue. We also gave a representation on this issue in the office of ACR who endorsed for investigating team . Tehsildar visited the spot on 05/03/2020 and figured out that the matter pertains to R&B Department as the land in question falls along the side of the old road and wrote a letter to Executive Engineer on 07/03/2020 for providing alignment of old road “.
When Inside Kashmir called Naib, Tehsildar Gushie, Mohammad Shafi, who has been also overlooking departmental investigation on this land, he said,” we have 1960’s land records but unfortunately for this piece of land, the map is in distorted position. Our office told R&B, whatever help you need we will provide you with possible assistance. AEE told me this land falls under RD act. From that course of communication, we were not asked for any assistance “.
Team of R&B department, on directions of its Xen. Visited the spot and issued a notice from AEE’s office to remove the construction.
“We visited the spot and served a notice to people who have encroached, they threatened us of dire consequences. Without compromising the security of our officials we left the spot “.
The notice which was served to Mohammad Sultan,s/o Mohammad Ramzan Bhat reads,” You have illegally raised tin shed structure on the road edge at Gushi near Eidgah, which is in violation of RD act. You are directed to remove the said structure immediately, failing which the same shall be demolished at your risk and cost.”
The team of Inside Kashmir Reporters visited the encroached spot, locals told them that, A bus Stop Stand was constructed here before a decade, that too was raised to the ground to maintain status quo on land by encroachers and they have successfully managed to build pressure on officials from taking any actions.
When the same person who has been identified by R&B as a violator of RD act, Mohammad Sultan, neglected the notice and continued illegal construction, the R&B department sent a letter under no. 6-10/SDT, dated 23-04-2020 to Tehsildar Gushie, SHO Kupwara, junior engineer concerned which carries with the textual body as, ” As reported by field staff that one Mohammad Sultan Bhat son in law of Mohammad Zaman Bhat, R/O Gushi has started for illegal construction near Eid Gah Gushi Road which is totally illegal and violation RD act, it is requested for your good self that illegal construction may kindly be stopped immediately till finalization of lockdown period and inform the House Officer Police Station Kupwara for action under the law.”
Despite clear information about the status of illegal construction, no action was taken and half of the construction was allowed to complete, under the nose of revenue department and law enforcement agencies.
To support action on illegal activity, which was going on, Executive Engineer PWD (R&B) sent copies of letter to Tehsildar Kupwara, SHO Hutmulla and violator. Under letter no. 119-122 ,dated 24-04-2020 , Assistant Executive Engineer was directed to take assistance of police department for any further course of action.
The whole procedure was delayed with unwanted interactions and communications within departments. Whenever any department was asked to come to clean and provide the accurate status of action, Departments were resorting to blame gaming on earth others.
Tehsil Office claimed that the action is hitting dead end due to incompetence of R&B department while as in response to this, R&B claims the Revenue department to be weak leg between the line of legal course.
On 27-04-2020, letter with no. 11-13/SDT was sent to Executive Engineer and SHO Hatmulla after another visit for examination of land.
“Regarding subject captioned above, it is to intimate that the undersigned paid on the spot inspection along with the field staff & it has been observed that the illegal construction by way of bricks is being raised on the spot at a distance of 34′.0 “from the centre of road, besides the encroacher has raised a tin shed structure at the edge of road, which is in violation of RD – Act. This office tried best to stop the illegal construction but the encroacher is adamant and reluctant to comply with the orders on one pretext or another . The matter has been taken up with SHO (Police post-Hatmulla) for stopping of said construction vide Ex.Engg (R&B) div-Kupwara letter no. 119-122 dated 24-04-2020.
It is pertinent to mention here that Gushi-Handwara road (erstwhile wadpora-Gushi ) road has been constructed in 1960’s and was maintained by division handwara till 2008. Eventually, the wooden bridge got gutted in 1990 and subsequently, bridge was reconstructed afresh in 1996 by J&K Projects construction corporation Ltd in 1996 with a change in alignment of existing road. The road was then transferred from R&B div handwara to R&B Kupwara in 2008 due to change in constituency. Regarding the existing road, the average width of road is 24 feet with carriage way i’e blacktopped 18.0 ft width. In view of explained circumstances, it is to intimate that the details of Gushi- Handwara road is not available in the sub-Division Office. You are accordingly requested to depute your field functionaries for joint inspection of the road to access the status of the land on which the illegal construction is being raised.”
When Inside Kashmir contacted, SHO Hatmulla, About why Police did not initiate action, he responded with an ambiguous statement, ” Person who is under the spotlight is poor and this whole issue is a spat between local residents.”
It was clear that said SHO was not clearing contradiction in his statement rather he was evading questions with confusing answers.
