Government Powerless as Illegal Construction on Forest Land goes Unchecked
Fraudulent Mutations, Collusion Allegations Cast Shadow on Forest /Revenue Departments: State Land Worth Crores at Stake
- Despite repeated notices, illegal construction on forest land near Dhami Nagrota continues unabated, raising questions about the efficacy of government agencies.
- Despite being aware of the irregularities, including fake mutations, key officials such as Patwari, Naib Tehsildar, and Tehsildar have taken no action, pointing to a potential nexus with land grabbers, why are they waiting for a formal complaint instead of acting on their own.
- With Khasra No. 210 clearly designated as 194 Kanal and 15 Marla of Forest Land and 38 Kanal 14 Marla as State Land (Gair Mumkin Passi), the legality of the mutation under 254C is questionable, prompting scrutiny into the actions of the Revenue Department.
- The ball is now in the Revenue department’s court to either take necessary action or maintain silence on the irregularities surrounding the land.
- The failure of government officers to proactively address the illegal activities without a formal complaint raises concerns about their commitment to upholding rules and regulations to protect state or forest land.
- The absence of timely demarcation has left the forest department helpless in taking corrective action, highlighting a systemic flaw that allows powerful entities to evade accountability, raising questions about whom these departments aim to protect.
jj correspondent
Jammu, Feb 02: In a brazen display of audacity, land grabbers continue to operate with impunity, leaving the Revenue and Forest Departments in a state of helplessness and hopelessness. The latest case unfolds at Compartment No 3/N in Seri Dhami Forest, Dhami Nagrota, where Khasra No 210, a designated forest land, is being encroached upon through an illegal construction.
The Chief Conservator of Forests (CCF) received a formal complaint regarding the unauthorized construction at Khasra No 210. Responding to this, the Range Officer issued a notice on 11/07/2023 to the alleged perpetrators, Balwan Singh, S/O Sole Singh, and Bishan Singh, S/O Dhani Ram, residents of Dhami Nagrota. The notice demanded documents verifying ownership of the land on which the illicit construction was taking place.
Subsequent to the notice, the Range Officer penned another letter dated 31/07/2023 to the Tehsildar Nagrota, bearing No 161-63/JR. This communication sought Nishandehi/land Documents and implored the Tehsildar to instruct the relevant Patwari/Girdawar to provide Nishandehi promptly. The Range Officer emphasized the urgency, stating that despite four letters on the matter, no resolution had been achieved.
The concerned Divisional Forest Officer (DFO) Jammu escalated the issue by addressing a letter, No. DFO-J/4205-09, dated 16/11/2023, to the Deputy Commissioner Jammu. In this communication, the DFO highlighted the lack of cooperation from the Revenue Department. Despite conducting a joint spot Nishandeh on 22/08/2023 and requesting revenue papers from Tehsildar Nagrota, neither the report nor the papers were furnished to the forest department.
The DFO emphasized that, according to the revenue records, Khasra No 210 within Compartment No 03/N of Seri Dhammi Forest is unequivocally forest land. The Record of Right/Misle Haqiyat 1922-23, Jamabandi of 1956-57, and other records consistently affirm this status, with 194 Kanals and 15 Marla recognized as forest land and 38 Kanals and 14 Marla designated as State Land, totalling to 233 Kanals and 9 Marlas.
Citing the Divisional Bench of J&K High Court’s directives in PIL No. 25/2017 CM No. 1456/2022 and Circular No. Rev (NG)34/2003 dated 28/03/2003 instructions of the Revenue Department, the DFO urged for a joint Commission of Revenue and Forest Department. This commission, led by an Additional Deputy Commissioner, is essential for determining the legal status of the land and delineating Forest/Revenue Boundaries to thwart land grabbers.
Despite these earnest pleas, the transfer of the concerned Tehsildar Nagrota only added a layer of complexity. The new Tehsildar, Sumit Kohli, on receiving the complaint from a complainant and DFO’s letter to the DC, immediately marked the letter to Naib Tehsildar Nagrota, named Prithvi on 14/12/2023 with instructions to visit the spot, halt the construction immediately, and await further orders.
In an alarming turn of events, the Naib Tehsildar neglected the orders for obvious reasons and did not visit the spot, allowing the illegal construction to persist. The building, which was initially under construction, has now been completed, underscoring the audacity and persistence of land grabbers in the face of bureaucratic inertia.
While the saga of unchecked land grabbing continues in Jammu, revealing a web of corruption and negligence within government agencies another startling revelation has come to light that a part of the state land measuring 38 Kanals and 14 Marla, recorded as Gair Mumkin Passi, has been subject to a fraudulent mutation.
The complainant, upon approaching the Naib Tehsildar for an inquiry, was told that there is no record (Latha) of the said land. The concerning twist emerges as the revenue authorities had mutated 12 Kanals of land on 20/11/2007 under 254 C, Mutation No 597, at Khasra No 210. However, the Patwari of Nagrota Dhami, Navjot Bakshi, disputes the authenticity of this mutation, asserting that no mutation under 254C can be applied to Gair Mumkin Passi, making the said mutation completely fake.
The manipulation points towards a significant fraud, especially considering the increased value of the land due to its proximity to the National Highway, now worth crores. Astonishingly, the Patwari, Naib Tehsildar, and the Tehsildar are aware of these irregularities, yet no action has been taken.
Despite forest officials pressing for records, the revenue authorities redirect them to Muhafiz Khana, however after Forest Department obtained records from Forest Muhafiz Khana, over six months later, the land remains unidentified and un-demarcated, rendering the forest officials helpless to take any action.
Previously, in response to the DFO’s letter, the Assistant Commissioner Revenue, Jammu, vide No. DCJ/SQ/Misc/2023-24/4534-35 dated 22/11/2023 directed the Tehsildar, Nagrota, to coordinate with the Forest Department for on-spot joint demarcation and to take necessary actions under the rules. Despite the ACR Jammu constituting a commission of Forest and Revenue officials for this purpose, neither demarcation nor clarification on the land’s status has occurred.
Adding to the complexity, the forest officials, due to the absence of demarcation, are constrained from taking any corrective measures or reclaiming the land. Despite the Assistant Commissioner Revenue’s directive to the Tehsildar, Nagrota, to initiate joint demarcation with the Forest Department, no progress has been made on identifying the land’s classification. The constituted commission, tasked with clarifying the land’s status, has yet to provide a conclusive report. This inertia in action raises questions about the effectiveness and intent of the concerned government agencies in safeguarding public land.
It is ironic that the Patwari, Naib Tehsildar, and the Tehsildar are well aware of this situation, yet no corrective measures have been initiated. Instead of proactively adhering to established rules and regulations to annul the fraudulent mutation and reclaim the state/forest land, government officers seem to be awaiting a formal complaint. The question arises: Shouldn’t it be the responsibility of departmental officers to take prompt action when alerted to such illegal activities, rather than relying solely on formal complaints? Can they not proactively communicate with senior officers to expedite the cancellation of the illegitimate mutation?
The persisting question raises concerns about the selective enforcement of the law and the potential collusion of government officials with powerful land mafias and encroachers. It prompts scrutiny into whom these departments intend to protect and whether they are complicit in facilitating the usurpation of state and forest land for personal gain.
This flagrant disregard for legal procedures and the continued encroachment on forest land raises serious questions about the effectiveness and accountability of government agencies. The Revenue and Forest Departments must urgently address these loopholes, ensuring that swift and decisive action is taken against those responsible for this blatant violation of land rights and environmental preservation. The people await justice, and the integrity of government proceedings hangs in the balance.
