55 year old Harbans Lal from Bishnah Jammu, a retired Sub Inspector in Sashastra Seema Bal (SSB) would have never imagined in his lifetime that he would be forced by authorities at the helm to commit suicide. This incident has happened at a time when the Government claims that farmers and affected landowners would get benefited post article 370 abrogation. Instead of getting benefited, affected landowners are taking extreme steps, like committing suicide. This incident happened due to Govt’s flawed land acquisition policy in Jammu & Kashmir. As I have been writing on this issue for last almost 9 years now, I had predicted on many occasions, through my write-ups, social media posts and public lectures, that farmers and affected people in J&K would be forced to commit suicide as the land acquisition policy in Jammu & Kashmir was completely flawed, and anti-people. Harbans Lal became a victim of this flawed policy especially at a time when Govt does a lot of drum beating that abrogation of 370 has helped farmers of J&K.
Govt on the other hand will claim that process of land acquisition on Jammu Ring Road project was initiated more than 3 years back under erstwhile J&K Land Acquisition Act 1934, but wasn’t it the moral duty of the BJP leaders from Jammu to persuade UT Administration or Lt Governor to take a policy decision on the Ring Road land acquisition issue in J&K, especially in Jammu, where people have been paid even 20 to 50 times less compensation by authorities.
In spite of the fact that central land acquisition law i.e., Right to Fair Compensation and Transparency under Land Acquisition Rehabilitation and Resettlement Act (RFCTLARR Act 2013) is applicable to Jammu & Kashmir with effect from Oct 31st 2019, Government is adamant to issue a fresh notification under this law for Srinagar Ring Road project and on the other hand anti-people orders are passed on daily basis by Govt. Recently the registration fee was hiked even upto 300 to 500 times which is in addition to stamp duty paid @ 3 % and 7 %.
Harbans Lal’s case
On July 21st, 2020, Harbans Lal committed suicide by hanging himself at his house in the village Jindrah Khurd of tehsil Bishnah, district Jammu. Harbans Lal’s house along with 10 marlas of land is coming under the alignment of Jammu Ring Road project and the Collector is said to have made the payment to him through online mode. Harbans Lal’s son Sahil, aged 20, a paramedical student while speaking to me in a choked voice said that Govt deposited Rs 7 lakhs into his father’s account without even taking his consent some time back. For 10 marlas of land and one storied house with a boundary wall which is equivalent to 2722 sq feet, Collector Land Acquisition Jammu prepared an award of mere Rs 11 lakhs (eleven lakh only) i.e., Rs 9 lakh for the house and Rs 2 lakh for the 10 marlas of land. Out of Rs 11 lakhs, Rs 7 lakhs were deposited into Harbans Lal’s account.
“Our house is located in the commercial area of Bishnah and the market rate of land per kanal is Rs 2 Crore. We are entitled to get at least Rs 1 crore for 10 marlas of land and the house would cost at least Rs 30 to 40 lakhs. The Government is supposed to pay us Rs 1.40 crore or more, but they are snatching our property for mere Rs 11 lakhs, out of which Rs 7 lakh were deposited into my papa’s account without even informing him. The Tehsildar and local SHO on the direction of SDM were accompanied by at least 100 policemen on July 21st. It seemed as if they had come to kill a militant. We were abused and threatened. Our house was damaged by JCB. My father got mentally frustrated and the very next day of the incident he committed suicide by hanging himself. This is what my father got from the Govt for serving the nation for 30 long years on the border?” said Sahil Kumar, Harbans Lal’s son
Tragically Sahil’s older brother Rahul 22 also committed suicide 18 months back. He was unemployed and felt frustrated when authorities were not paying his family a fair compensation.
“I want to ask the newly appointed Lt Governor of J&K to kindly show me a place where I can buy a new house with ½ (half) kanal of land in Jammu district? Even in the mountains of Poonch or Kishtwar I won’t be able to buy a house and land for Rs 11 lakhs, what shall we do now?, Sahil Kumar added
Harbans Singh’s case
Another ex-serviceman Harbans Singh who was working in Indian Army until 2001 owned 8 kanals (1 acre) of irrigated agricultural land at village Bansultan Miransahib area. The land according to Harbans Singh has been forcibly acquired by the Govt. Harbans Singh used to grow Basmati and vegetables on his land after retirement from the army in 2001. The market value of the said land was around Rs 60 to 70 lakhs per kanal when it was forcibly acquired in 2018. Today the value is around Rs 1 crore / kanal. He said that the Government made a vague assessment of the land around 3 years back @ Rs 1.50 lakhs per kanal plus 15 % Solatium (Jabirana). In total an award for Rs 13.60 lakhs was prepared by Collector land acquisition for 8 kanals. Harbans Singh didn’t accept to take that amount and the Govt deposited the money in sessions court. For the last 2 years 70 year old Harbans Singh is going to court but still he hasn’t got justice.
When I met Harbans Singh a few years back in his village, tears were rolling down his cheeks. He said me that he would rather commit suicide but won’t accept such a small compensation. With Rs 13 or 14 lakh Harbans Singh won’t be able to even purchase ½ (half) kanal land in his own village and on the other hand he lost 8 kanals prime irrigated land. Same thing happened with Harbans Lal who finally ended his life recently and his son committed suicide 18 months back. There are other similar stories.
Where lies the fault ?
After interacting with farmers in Jammu district a few years back, I understood that they were not only suffering because of the Ring Road project but the revenue officials have kept stamp duty rates in Jammu district so low that in some areas the market rate of land is 50 to 100 times more than the stamp duty rate. The Govt on the other hand makes payment as per stamp rate plus 15 % solatium. The central law had better provisions but that is not being made applicable even after abrogation of article 370? Harbans Lal and his son Rahul have been the worst victims of this erroneous Government policy as they lost their lives due to mental trauma. Harbans Singh is also frustrated who the loss of his 8 kanals of land. There are hundreds of such cases in Jammu, Budgam, Pulwama, Srinagar and many other places where Govt forcibly acquired land in the past as we had a weak land acquisition law in J&K and it still continues even after central law became applicable to J&K. In Budgam district where some places are located just in the Srinagar outskirts , the market rate of land is Rs 1 crore per kanal while the Govt wants to acquire the land for Rs 35-40 lakhs only? Luckily the land acquisition process on Srinagar Ring Road hasn’t been completed as awards in 90 % of cases have not been prepared and the notification issued in 2017 has lapsed. The Govt on the other hand wants to complete the land acquisition process under the J&K’s obsolete law which is already repealed post 370 abrogation, this is unacceptable to affected farmers.
Conclusion
Due to Government’s fallacious land acquisition policy in J&K, we lost Rahul Kumar around 2 years back , now his father Harbans Lal killed himself. On the other hand Harbans Singh and many like him have been looted by authorities. In Budgam , Pulwama , Srinagar and many other districts people continue to suffer. 3800 kanals of land was forcibly acquired at Karewa Damodar near Srinagar airport by Govt in 2012 @ mere Rs 6 lakhs / kanal when the market rate in the area was Rs 1 crore / per kanal just across the airport fencing. If BJP Govt at center claims residents of J&K especially in Jammu are happy post 370 abrogation, why are people committing suicide due to faulty land acquisition policy even after abrogation of article 370 ? Where shall Harbans Lal ‘s family go ? Will they ever be able to get justice ?