People must be given chance to lay their side of genuine issues

The sudden and unreasonable move of the Administration in UT of J&K by passing a circular on the very fragile and grave issue of removing encroachments from Roshni, State and Kacharari lands leads to mass injustice. There are various reasons that this move is a failure and an unjust one.
The J&K Government, under the Roshni Act of 2001, now scrapped, gave ownership rights to the residents of Jammu & Kashmir to make them authorized occupants of state land against payment of a premium. The circular demands their eviction without any proper assessment, management and consequences thereof- as this would be tantamount to a violation of the fundamental right of Right to Livelihood and a violation of the principle of natural justice.
From initiating with the first reason, there are grave distortion and incorrect settlement records which occurs after every eight years- the Milkiyat, Abadi-Deh and other such proprietary lands were shown in the columns of the State and Kacharai lands with sheer inadvertent and inadequacy of revenue field agencies who use to process such settlements in previous fixed years. This gross root inadequacy and distortion need to be rectified first otherwise this could lead to a deliberate and intentional violation of the basic fundamental rights of people in Jammu & Kashmir.
The right to shelter is one of the sacrosanct and most important fundamental rights which the Indian constitution confers upon the Indian citizens- as such the current circular outrageously hits at the same right and will violate the same entirely which can’t be compensated later on in any manner.
Those who are living and have constructed residential houses on such state land or Kacharai land for several decades are being summoned to evict the same which is entirely unreasonable and undemocratic at this stage. Usually, it takes only 7 to 8 marlas of land for the house and for the count, such a circular would end the whole family’s basic rights. Since the revenue agencies on the one hand allowed such old-aged encroachment and now are hurry in taking the same back without following the procedure of law. The point is that even though people have constructed houses already- they must be allowed out there and any other vacant such land must be taken back if it is to be followed.
Any such administrative orders, circulars and directions shall be in accordance with the law and before implementing the same on the ground; the different aspects of the policy, the ground report, expert suggestions and proper verification of the spot should be carried out with huge concern. The present circular has been drawn without committing proper verifications and has been issued by keeping previous inadvertent and negligence distortion of land records unresolved, inapt and incorrect which has a huge tendency to amass injustice for all.
There are thousands and lakhs of cases wherein when we compare the new and old settlement records we find that in new settlement records the same land is in the Kacharai column of jamabandis and in the old record, the same land is in Milkiyat column hence such cases need to be rectified by the revenue agencies before carrying out any eviction drives. The old record is correct, logical and accurate but the new record shows inadvertent mistakes and inadequacy of patwaris who during the recent settlement of records have made gross errors and have diluted the landed properties of the residents. There can be several reasons for the same – the improper training, unskilled and unavailability of equipment which are needed to carry out the settlement of record processes.
Furthermore, the proprietary lands which stood in possession of one person from generations together are shown in the name of another person in the new Settlement records negligently, which has become another main reason for high pending litigations in the courts- and also the attention and precious time of judiciary are getting sailed and wasted on such wrong and negligence of revenue agencies in carrying out improper settlements processes and surveys.
The most important question arises that before issuing such circular and carrying out such eviction and removal of encroachment of such lands, the administration should have first dealt with the issue wrong and errors in the new settlement of records of land and with great concern. Care should give proper time and reasonable opportunities to the people to redress and rectify the same and only then the administration should proceed ahead with the circular as the principle of natural justice is being violated completely by not giving chance to the people to hear their side which eventually is an open attack to Indian constitution by which we all are governed.
The adverse effect and impact of the instant circular could be unnoticed and most violative of basic fundamental rights of the valleys residents in the way that the errors and mistakes which have happened on part of the revenue officials during preparing the new settlement of revenue records, as such those wrongdoings must be rectified and redressed immediately and expeditiously. Since the old records are clear and still in vogue and valid which are to be taken as a guide to rectify the inadequacy and incorrect new settlement of records and rights, that could be the only way to just and justice.
Despite Supreme Court’s oral direction with regard to not demolishing any house or residential structures in J&K, the administration is on high heels to ignore the same rather are on to sweep and demolish anything and everything which the administration shall refrain and abstain to do.
The step of administration is praiseworthy and is a well-needed step for the development and progress of the UT and the nation as well but this step is to be taken very carefully and properly so that no injustice is done to the people. Also, the wrong inadvertent errors and mistakes in the new settlement records in the light and comparison of old settlement records shall be corrected and rectified before carrying out any drives. There is proper law for rectifying the records under Land Revenue Act 1996- which should be applied and with all the efforts by the administration, people must be given chance to lay their side of the genuine issues which is the way of democratization and the values of Rule of Law in the country.

The writer is an Advocate and a writer- can be reached at [email protected].

Aabid Mushtaq