Jammu and Kashmir
,
Patnitop
,
Udhampur
Published :
Mar 2022
|
Updated :
J&K Forest Department Evicts 60 Gujjar Families from Grazing Land in Patnitop
Reported by
Rabiya Bashir
Legal Review by
Anmol Gupta
Edited by
Anupa Kujur
60
Households affected
People affected
2015
Year started
1
Land area affected
60
Households affected
People Affected
2015
Year started
1
Land area affected
Key Insights
Sector
Conservation and Forestry
Reason/Cause of conflict
Forest Administration (Other than Protected Areas)
Conflict Status
Ongoing
Ended
Legal Status
Region Classification
Rural
Ended
Sector
Conservation and Forestry
Reason/Cause of conflict
Forest Administration (Other than Protected Areas)
Conflict Status
Ongoing
Ended
Legal Status
Region Classification
Rural
Ended
1
Summary

In June 2015, a joint team of the forest department and Patnitop Development Authority (PDA) attempted to evict 60 Gujjar families from the Patnitop pastures in Udhampur district of Jammu by removing their tents. The families had been using the pastures to graze their cattle during summer. Tension prevailed as the Gujjars resisted by protesting but they had to eventually leave the area.

The Gujjars claimed that they only visited the pastures in summer and left in winter and had no intention of encroaching the land. “How does the question of encroachment of forestland arise when we come here only during summer months?” Gulab Din, a Gujjar, told the media.

A forest department official, who wished anonymity, told LCW that the land in question was transferred to the PDA in 2015 and, therefore, the Gujjar families were evicted. "We have released a list of names who have encroached government land. We will retrieve all of it," he said.

Javaid Rahi, a tribal activist, stated that the eviction was unjustified. “These families used to live in the pastures only temporarily during summers. They are nomads, and they use the land for grazing their cattle. It’s their main livelihood, and they have the right to graze their animals, including on the Patnitop pastures,” he told LCW.

Zahid Aslam Mughal, former divisional forest officer of Batote, informed the media that the forest department was ready to provide the Gujjar families an alternative site at Sanasar as the state had already transferred the land in question to the PDA.

2
Fact Sheet

Demand/Contention of the Affected Community

Demand for legal recognition of land rights

Demand to retain/protect access to common land/resources

Other Demand/Contention of the Affected Community

Alternate land for grazing

Region Classification

Rural

Type of Land

Common

Non-Forest (Grazing Land)

What was the action taken by the police?

How many people did the police detain or arrest?

What is the current status of the detained/accused persons?

Did the person face any violence while in police custody?

If any arrests took place, were the accused persons produced before a judge within 24 hours of the arrest?

If the accused was not produced before a magistrate within 24 hours, or not produced at all, what were the reasons?

Legislation under which the accused was charged

Was the accused person informed of their right to legal representation? Did the accused person have access to legal aid?

In cases where the accused person approached the court for bail, was bail granted?

Why was bail granted or rejected? If granted, what were the bail conditions and quantum of bail?

Were there any other notable irregularities that took place, or other significant details?

Details of sources (names of accused, names and numbers of any lawyers, names of any police officers contacted)

Status of Project

Original Project Deadline

Whether the Project has been Delayed

Significance of Land to Land Owners/Users

Whether the project was stalled due to land conflict

Source/Reference

Total investment involved (in Crores):

Type of investment:

Year of Estimation

Page Number In Investment Document:

Has the Conflict Ended?

No

When did it end?

Why did the conflict end?

4
Additional Information

Government Departments Involved in the Conflict:

Patnitop Development Authority

PSUs Involved in the Conflict:

Did LCW Approach Government Authorities for Comments?

Yes

Name, Designation and Comment of the Government Authorities Approached

Corporate Parties Involved in the Conflict:

Did LCW Approach Corporate Parties for Comments?

Communities/Local Organisations in the Conflict:

Gujjars, Tribal Research and Cultural Foundation

5
Information on the use of criminal law

What was the action taken by the police?

How many people did the police detain or arrest?

What is the current status of the detained/accused persons?

Did the person face any violence while in police custody?

If any arrests took place, were the accused persons produced before a judge within 24 hours of the arrest?

If the accused was not produced before a magistrate within 24 hours, or not produced at all, what were the reasons?

Legislation under which the accused was charged

Was the accused person informed of their right to legal representation? Did the accused person have access to legal aid?

In cases where the accused person approached the court for bail, was bail granted?

Why was bail granted or rejected? If granted, what were the bail conditions and quantum of bail?

Were there any other notable irregularities that took place, or other significant details?

Legal Supporting Documents

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Author
Reported by
Rabiya Bashir

Rabiya is an independent journalist based in Srinagar, Jammu and Kashmir, having completed her Master’s in Journalism and Mass Communication. With a field experience of seven years, she has worked with regional and national media houses in Delhi and Srinagar. Her work focuses on environment, politics, women, health, culture and human rights, with her primary focus being on climate change, renewable energy, forest, food security, sustainable food and agriculture.

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Fact sheet

Demand/Contention of the Affected Community

Demand for legal recognition of land rights

Demand to retain/protect access to common land/resources

If any arrests took place, were the accused persons produced before a judge within 24 hours of the arrest?

Was the accused person informed of their right to legal representation? Did the accused person have access to legal aid?

In cases where the accused person approached the court for bail, was bail granted?

Why was bail granted or rejected? If granted, what were the bail conditions and quantum of bail?

Were there any other notable irregularities that took place, or other significant details?

Status of Project

Original Project Deadline

Whether the Project has been Delayed

Significance of Land to Land Owners/Users

Whether the project was stalled due to land conflict

Source/Reference

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