Jammu and Kashmir
,
Tarathpora
,
Kupwara
Published :
|
Updated :
Landowners await compensation for land acquired for Panchayat Ghars in J&K's Kupwara
Reported by
Mir Aiyaz
Legal Review by
Anmol Gupta
Sourabh Rai, Amrita Chekkutty
Edited by
Anupa Kujur
21
Households affected
100
People affected
2019
Year started
1
ha.
Land area affected
21
Households affected
100
People Affected
2019
Year started
1
Land area affected
Key Insights
Sector
Infrastructure
Reason/Cause of conflict
Other Kind of Infrastructure
Conflict Status
Ongoing
Ended
Legal Status
Region Classification
Rural
Ended
Sector
Infrastructure
Reason/Cause of conflict
Other Kind of Infrastructure
Conflict Status
Ongoing
Ended
Legal Status
Region Classification
Rural
Ended
1
Summary

In the Tarathpora village of Jammu and Kashmir's Kupwara district, at least 21 families are awaiting compensation for their land acquired for the construction of Panchayat Ghars across the district over the last six years.

Villagers allege that the land was acquired by the Department of Rural Development against the promise of compensation. However, families claim that they have neither received compensation nor have any member of their family gotten employment opportunity.

In 2018, however, the then Minister for Rural Development Department and allied departments, Abdul Haq Khan informed the House that no land has been acquired by the Department for the construction of Panchayat Ghars. He, however, said the land has been donated by the owners for the Panchayat Ghars. His reply came after former MLC Ghulam Nabi Monga raised the issue of non-payment of compensation to the landowners whose land has been acquired for construction of Panchayat Ghars_ _in Uri tehsil of Baramulla district.

Back then, the minister had informed the House that the cases of those persons who donated their land for the construction of Panchayat Ghars to the Department of Rural Development and Panchayati Raj were under examination.  

Six years later, families are still waiting for compensation. Speaking to LCW, one of the affected persons on condition of anonymity said, "My wife had given half an acre of land for the construction of Panchayat Ghar, but we are still waiting for the promised compensation."

Another person, who received the compensation, rued over being illiterate and said, "I guess, I was tricked by the department back then. The market value of my land as of now is close to Rs 20 lakh. While trying to ensure a better future for my son, I lost what could have been a source of income to my family in this phase of illness. Bedridden now, the family is without a stable source of income from last few years."

2
Fact Sheet

Demand/Contention of the Affected Community

Demand for promised compensation

Other Demand/Contention of the Affected Community

The ones who have given their private land demand a fair compensation or employment opportunity to one of the family members.

Region Classification

Rural

Type of Land

Private

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

Residential area, Agricultural land

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:

Department of Rural Development and Panchayati Raj, Jammu and Kashmir

PSUs Involved in the Conflict:

Did LCW Approach Government Authorities for Comments?

No

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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Fact sheet

Demand/Contention of the Affected Community

Demand for promised 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

Residential area, Agricultural land

Whether the project was stalled due to land conflict

Source/Reference

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