Unofficial sources say that average agriculture land holding in Kashmir valley is mere ½ acre (4 kanals). Kashmir being a mountainous valley has a very little land under cultivation. Agricultural activity takes place on just 30 to 35 % of the total geographical area. In this scenario, any Government policy that is related to acquisition of agricultural land has to take into account Kashmir valley’s fragile ecology, environment and topography.
From last almost 6 years I have been continuously writing on the issue of forcible land acquisition in J&K. Our limited and scanty agricultural land is being acquired by Government for projects like railways, highways, dams, hydropower plants and mega transmission lines. On the other hand when it comes to payment of compensation to the affected people, Government is not ready to pay them fair compensation is paid in other Indian states. As I have discussed this in my previous articles, under the Right to Fair Compensation & Transparency under Land Acquisition Rehabilitation and Resettlement Act (RFCTLARR Act 2013) authorities acquiring land for public purpose pay 4 times more than the circle rate/ stamp duty rate of land in rural areas across India. But in J&K the authorities pay mere stamp duty rate plus 15 % solatium (Jabirana) which is complete injustice with our state. Latest example of forcible land acquisition by Government is the construction of Semi Ring Road in Srinagar outskirts. Framers in 4 districts of valley are forced to give around 8000 kanals (1000 acres) of agricultural land to National Highway Authority of India (NHAI) and in return they get nothing. RFCTLARR Act 2013 was enacted by Congress lead UPA –II Government in year 2013. This law is not applicable in J&K state. Our state still follows 84 year obsolete land acquisition law enacted way back in 1934 by Dogra ruler Hari Singh. Neither RFCTLARR Act 2013 is extended to J&K nor is state Government enacting a new law which is similar to RFCTLARR Act. On the other hand when it comes to extending draconian laws into J&K, article 370 is never an impediment for Government of India .
Kupwara rail line
With an aim of expanding rail connectivity in Jammu and Kashmir, Government of India recently approved extension of the Udhampur-Srinagar-Baramulla rail link up to Kupwara in north Kashmir, In his official communication to J&K Chief Secretary Mr B V R Subrahmanyam, Advisor Transport in NITI Aayog Mr Anil Srivastava said “I am glad to inform you that railways has prioritized the extension of rail link from Baramulla to Kupwara and has sanctioned an updated survey for the new link”. Not in the capacity of an activist or a columnist, but as an affected person of Government’s forcible and illegal land acquisition policy, I don’t at all welcome this move. The rail line will not only dispossess locals of their high quality apple orchards, but they will be paid peanuts in return. Above all there are lots of environmental aspects also vis a vis this rail project. Recently there was a huge debate on facebook when I expressed dismay over this proposed project. It is a fact that trains don’t cause much air pollution as vehicles plying on roads do. The reason is cars burn fossil fuel and trains largely have electric engines. On the other hand construction of railway line will cause lot of environmental disaster. Can people of Baramulla and Kupwara afford to axe their fully grown apple trees? Can they afford to bulldoze karewas and hills around Pattan, Kreeri, Sangrama, Baramulla, Rafiabad or Hnadwara for obtaining soil to create elevated railway track for laying the rail lines? Will meager compensation be acceptable to affected farmers of Baramulla and Kupwara districts?
Solution
To stop damage to apple orchards, karewas, hills and mountains, the railway track should not be laid on an elevated space as this requires lot of earth filling. We have witnessed it during construction of Qazigund – Baramulla railway line. The Kareawas in Pulwama, Pampore and Chadoora were plundered during that time and it still continues till date. If Railway engineers can construct proposed rail-line over pillars that will have very less environmental impact, Delhi Metro is its classic example, the same should be replicated on Baramulla -Kupwara rail line. This way we can save lots of apple orchards and agricultural land as well. Rail-line over pillars can also lessen soil excavation from hills and bulldozing of our karewas. If we still require muck and earth filling during the whole construction process that should be mandatorily obtained from Flood Spill channel or around Wullar lake. This will not only save our karewas but will also help in de-silting of Flood spill channel and Wullar lake which is much need to address flood problem. Lastly Governor administration needs to repeal 84 year old J&K land acquisition act and bring in new law which is at par with RFCTLARR Act 2013.