Jammu and Kashmir
,
Srinagar
,
Srinagar
Published :
Dec 2021
|
Updated :
Srinagar Administration Demolishes 25 Houses for Rejuvenation of Khushal Sar Lake
Reported by
Mubashir Bukhari
Legal Review by
Anmol Gupta
Edited by
Anupa Kujur
Households affected
People affected
2021
Year started
1
Land area affected
Households affected
People Affected
2021
Year started
1
Land area affected
Key Insights
Sector
Infrastructure
Reason/Cause of conflict
Water Management
Conflict Status
Ongoing
Ended
Legal Status
Region Classification
Urban
Ended
Sector
Infrastructure
Reason/Cause of conflict
Water Management
Conflict Status
Ongoing
Ended
Legal Status
Region Classification
Urban
Ended
1
Summary

On November 11, 2021, the Srinagar district administration demolished 25 houses built around the Khushal Sar lake and retrieved 1.2 hectares of land from illegal occupants. The administration recently started a massive demolition drive for rejuvenation and restoration of the lake. Srinagar Deputy Commissioner Mohammad Aijaz Asad, under whose watch the demolition drive took place, told LCW that the administration would continue such drives and retrieve all the occupied land in the city from 'encroachers'. We have to protect and save the water body in the larger public interest, he said. This was the fourth demolition drive in Srinagar since October. So far, the government has demolished 95 structures for the purpose of restoration of the Khushal Sar lake. MehrajuDin Bajad, a resident of the area, told LCW that they had purchased the land from property dealers but the government was demolishing their homes in the name of restoration of the lake. Why is the government not arresting property dealers who sold this land? We have been living here for years. Why did the district magistrate not object when we were building our houses? The government only remembers lakes and other places for conservation after we have spent lakhs on construction, he said, adding that more than 25 families have been left without a home and are putting up at their relatives places. Umar Khan, another resident, told LCW that they went from pillar to post to object the demolition but in vain. We even held sitins at Press Colony, Srinagar, hoping that the higherups would listen to our grievances, but no such luck. According to the affected families, their livelihood depends on the lake and the land surrounding it. We grow vegetables here, including nadru (lotus stem), which would fetch us good money. Where will we grow our food if we are evicted from the area? he said. The residents have demanded rehabilitation, but the government has refused claiming they had illegally occupied the land. The government believes that restoration of lakes in the city will reactivate the original water navigation circuit in Srinagar. The government is also trying to rejuvenate the Gilsar and Vicharnag water bodies. According to government officials, rejuvenation of Khushal Sar Lake in Srinagar is one of the best examples of the civil society and government working together to rejuvenate water bodies. In two months time, the Srinagar Municipal Corporation has lifted around 820 trucks of muck, silt and weed from the lake.

2
Fact Sheet

Demand/Contention of the Affected Community

Demand for legal recognition of land rights

Demand for rehabilitation

Refusal to give up land for the project

Other Demand/Contention of the Affected Community

Region Classification

Urban

Type of Land

Common

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:

Srinagar District Administration

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
Mubashir Bukhari

Mubashir is a journalist based in Srinagar. He has a Master’s degree in Sociology and Journalism & Mass Communication and a one-year PG Diploma in Broadcast Journalism. He has eight years of work experience in print, broadcast and digital media and has worked in national and regional media houses in New Delhi and Srinagar. His work focuses on environment, politics, business, education, health and culture.

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Fact sheet

Demand/Contention of the Affected Community

Demand for legal recognition of land rights

Demand for rehabilitation

Refusal to give up land for the project

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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