Jammu and Kashmir
Batiwudar, Branwar, Nagbal, Yusmarg, and Darwan
,
Jabbad village
,
Budgam
Published :
Apr 2021
|
Updated :
J&K Government Serves Notice to 200 Families in Budgam for Encroaching Forestland
Reported by
Rabiya Bashir
Legal Review by
Anmol Gupta
Edited by
Anupa Kujur
Households affected
People affected
2020
Year started
200
ha.
Land area affected
Households affected
People Affected
2020
Year started
200
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 January 2020, the Jammu and Kashmir forest department issued eviction notices to at least 200 families living in several villages of Budgam, including Batiwudar, Jabbad, Branwar, Nagbal, Yusmarg and Darwan villages. According to the department, the families own apple orchards that fall under encroached forestland. The families now live in fear that they will be forcefully evicted. Ashraf Kattoo, district forest officer (DFO) of Budgam, told LCW that the J&K forest department have sent notices to people who have apple orchards on forestland. The government will retrieve 200 hectares of land in different villages in Budgam district, including Jabbad, in 2021. We have been living in this area for several generations. Why does the government have a problem all of a sudden? a resident told the media. The people in these villages claim that the land was allocated to them in the 1940s by the government under the Grow More Food Programme. We have resided here for centuries now, where shall we go? We will not leave our orchards and homes.

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

Region Classification

Rural

Type of Land

Common

Forest

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:

Jammu and Kashmir Forest Department

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:

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.

Show more work
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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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