Jammu and Kashmir
,
Vijaypur, Jammu
,
Samba
Published :
Jul 2018
|
Updated :
Gujjar Families Evicted by J&K Govt for AIIMS in Samba
Reported by
Mir Farhat
Legal Review by
Anmol Gupta
Edited by
Anupa Kujur
Households affected
970
People affected
2015
Year started
104
ha.
Land area affected
Households affected
970
People Affected
2015
Year started
104
Land area affected
Key Insights
Sector
Infrastructure
Reason/Cause of conflict
Health
Conflict Status
Ongoing
Ended
Legal Status
Region Classification
Urban
Ended
Sector
Infrastructure
Reason/Cause of conflict
Health
Conflict Status
Ongoing
Ended
Legal Status
Region Classification
Urban
Ended
1
Summary

The Bharatiya Janata PartyPeoples Democratic Party coalition government announced the construction of All India Institute of Medical Sciences (AIIMS) at Vijaypur in Samba district in 2015. Jammu district administration allotted 258 acres of land for the building which was used by around 200 families belonging to the nomadic Gujjar community, a Scheduled Tribe. The Gujjars periodically settle on community land now owned by the state. The Gujjar settlement in Vijaypur consists of families who sell milk and herd buffaloes, sheep and horses. In 2017, the Gujjars who were to be displaced said the compensation offered was inadequate as land being offered as compensation was insufficient to rear their cattle. Zafar Ali, the then ViceChairman of the State Advisory Board for the Development of Gujjars and Bakerwals, entered into talks and negotiations with the community. The community remained skeptical of the proposed rehabilitation plans. In February 2018, a report published by _The Tribune _noted how despite the state government claiming to have relocated all the project affected families to a new location at Tarapur village, in reality, a substantial number of family were still present, refusing to move out. According to the community members, although 280 families were eligible for rehabilitation and relocation, only 204 families had been marked as project affected. They demanded that the remaining families be added to the list. By June 2018, the process of relocation continued after the imposition of Governor's rule in the state. According to the report, after three years of negotiation, 204 families were in the process of being relocated to Rakh Barnoti area. At the time of the report, 37 families had already been compensated with each family being given Rs50,000 along with being compensated for their mud and cemented houses. In April 2019, it was reported that all Gujjar familiesreported figure being 280 had been rehabilitated the previous year, by September 2018. The construction work for the Institute however continued to be delayed. On June 2, 2021, Dr. Javaid Rahi, noted Gujjar scholar, activist and General Secretary of the NGO, Tribal Research and Cultural Foundation based out of Jammu, confirmed that the Gujjar families had indeed been relocated, close to the site of the future Institute, with each family being given approximately 1015 kanals of land( 1.51.8 acres). However, the site lacked infrastructural facilities like regular electricity and water for their cattle and herds. Rahi said the community could be displaced again as the construction of the Institute may require more land.

2
Fact Sheet

Demand/Contention of the Affected Community

Demand for rehabilitation

Complaint against procedural violations

Demand for more compensation than promised

Demand for compensation

Other Demand/Contention of the Affected Community

Region Classification

Urban

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):

1400

Type of investment:

Cost of Project

Year of Estimation

Page Number In Investment Document:

Has the Conflict Ended?

Yes

When did it end?

Why did the conflict end?

4
Additional Information

Government Departments Involved in the Conflict:

Jammu Development Authority

PSUs Involved in the Conflict:

Did LCW Approach Government Authorities for Comments?

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:

Bharatiya Janata Party-People's Democratic Party

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
Mir Farhat
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Fact sheet

Demand/Contention of the Affected Community

Demand for rehabilitation

Complaint against procedural violations

Demand for more compensation than promised

Demand for compensation

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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