Ten years have passed and 600 plus families in Srinagar and Budgam have been waiting for compensation of their land which has been acquired by the Defence Estates Department near Srinagar airport. As Mr Rajnath Singh has once again been appointed as Defence Minister of India, I urge upon him to dispose of this case. In the last 10 years, the market rate of land has surged across J&K and the same land has valuation four times higher but the aggrieved farmers have been caught between the bureaucratic hurdles and their case is yet to be decided even as they have been paid 20% of the payment in 2013-2014.
Case history of the land
The Defence Estates Department in 2012 made a requisition to J&K Government for acquiring around 3800 kanals approximately (480 acres) near Srinagar airport also called as estate Karewa Damodar. This area falls under the jurisdiction of District Budgam. The land in Karewa Damodar estate belongs to farmers from several villages located around Srinagar airport namely Humhama, Rawalpora, Gogoland , Rangreth, Kralpora, Wathoora, Buchroo, Lalgam , Panzan , Gudsathoo etc. The process for land acquisition began under J&K Requisitioning and Acquisition of Immovable Properties Act 1968 (JK RAIP Act 1968 ) in the year 2011 , but till date the final payment is yet to be disbursed. The aggrieved farmers were paid Rs 4.80 lakhs per kanal in 2012 -2013. Final rate which was decided by the Collector and Defence Estates Department to be paid to aggrieved families was between Rs 18 to 20 lakhs per kanal but even after 10 years the said payment is yet to be made.
It is important to note that Right to Fair Compensation and Transparency in Land Acquisition Rehabilitation and Resettlement Act -2013 (RFCTLARR Act 2013) which was extended to J&K post article 370 abrogation should have been applied in this case. This would have enabled aggrieved farmers / landowners to get 4 times more compensation but unfortunately due to official apathy not even Rs 18 to 20 lakhs per kanal is paid to the aggrieved families while as the market rate of this land as on date is more than 2 crores per kanal in these areas. This land has been under the possession of Defence Forces since 1947 when the Indian Army landed in Kashmir. From 1957 onwards annual rent was being paid to the land owners From 1957 to 2011 the farmers were paid annual rent for their land and after 2011 when the land acquisition process began, the payment of rent was withheld under the RAIP Act. This was to be followed with payment of compensation but that has not been paid even after a lapse of one decade.
Placement of Indent by DED
In 2011, the land owners got a great relief when the Defence Estates Department (DED) which is controlled by the Union Ministry of Defence placed an indent before the Deputy Commissioner, Budgam through Defence Estates Officer (DEO) Kashmir circle, Srinagar for acquiring land measuring 3879 kanals (484 acres) at Estate Karewa Damodar. DEO placed the indent after getting sanction by the Ministry of Defence. After completion of land acquisition formalities under the RAIP Act 1968, the DC office Budgam submitted the case to the Home Department of J&K government on 4.06.2013 through Divisional Commissioner, Kashmir for publication of form J notification. The DC Budgam, under his official communication dated 9.06.2014, invoked section 8 of the J&K RAIP Act 1968 and fixed the compensation rate at Rs 18 lakhs per kanal for unirrigated land and Rs 20 lakhs per Kanal for irrigated land. The Defence Estates Officer (DEO) didn’t agree to the proposed rates. The DEO Kashmir zone, Srinagar, through his official communication dated 4.06.2015, stated that unirrigated land would be paid Rs 6 lakhs per kanal and irrigated/orchard land Rs 7 lakhs. In response to it, the Deputy Commissioner/District Collector Budgam, through his official communication dated 11.07.2015, told the Defence Estates Officer (DEO) that the compensation rates proposed by him didn’t match the market rates.
Deputy Commissioner Budgam, through his communication dated 11.7.2015, provided a list of villages with the market rate of the land in each of the locations. The Deputy Commissioner (DC) Budgam emphasised that the average rates in these villages were between 18 to 25 lakhs per kanal. In addition, a list of seven villages was also provided where the government had acquired land for various public purposes between 2008 and 2011. These villages/habitations, including Ompora, Rangreth, Wathoora, Humhama, Gudsathoo, Gogo, are located just 1 to 2 kms from the area where land is to be acquired by Defence Estates Department (DED). The compensation provided in these areas ranged between 10 to 15 lakhs per kanal, said the Deputy Commissioner, Budgam in his official communication, and he reiterated that Rs 18 to 20 lakhs per kanal rate was the final rate that was unanimously recommended by the district administration in consultation with the revenue officials.
In fact, the affected villagers wanted more than this, as the market value of the land just outside the Karewa Damodar boundary wall in 2015 was Rs 1 crore or more per kanal and this is Rs 2 crores plus now. The Deputy Commissioner Budgam directed the DEO Kashmir Zone through his official communication dated 11.07.2015 to make a payment of Rs 690 crores so that the same would be disbursed among the affected farmers and land owners. Eight years have passed since, and the payment is yet to be disbursed.
Letter from DC Budgam
An official letter from Deputy Commissioner Budgam, makes it clear that the market value of the land was much higher i.e Rs 50 to 60 lakhs per kanal. The letter said that had the Airport not been developed on Karewa Damodar it would have been one of the posh residential colonies in view of being located in the close vicinity of Srinagar city.
The said letter reads:
“During 2014, when a minimum rate of Rs 18 to 20 lakhs per kanal was awarded by the Collector, many grounds were taken into account, including those which stand referred to in your subject letter. The case was accordingly referred to the Committee of Collectors and Assistant Collectors of district Budgam. Under the said Committee, all points, observations and pros and cons related to the matter came to be discussed and deliberated at length, and the Committee unanimously agreed that the grounds referred to in the above-mentioned letter are not maintainable because the value of the said land per kanal is reportedly Rs 50 to 60 lakhs per kanal at present and even on the dates of its acquisition, the rates of the land were very high.”
The letter further reads:
“This has been mentioned at the outset that the airfield is a contagious, intact patch and ideal site as well. Had it not been acquired for the development of the airfield, it could have been a posh residential/commercial area in the close vicinity of Srinagar city.”
The Defence Estates Department has officially agreed to pay compensation as per the awards prepared by Deputy Commissioner Budgam @ Rs 21 lakhs per kanal for orchard land and Rs 18 lakhs for non orchard land (Maidani). The Defence Estates Department sent the case to the Ministry of Defence early this year.The aggrieved farmers under the banner of Zamindaran Committee Karewa Damodar had a meeting with GOC 15 Corps Srinagar last year. He took up the matter with the DG Defence Estates Department New Delhi and Defence Estates Officer Srinagar.
Conclusion
Last year, in August, the aggrieved people along with this author met senior officials of Defence Estates Department in New Delhi. We were given assurance that payment would be released very soon. The Chairman DDC Budgam Nazir Ahmad Khan also made an official communication with DG Defence Estates Department. He was also told in a written reply from DG Defence Estates Department’s office that Karewa Damodar land acquisition case has been sent to the Ministry of Defence which is under their active consideration. I would again urge upon the Hon’ble Defence Minister (Raksha Mantri) Shri Rajnath Singh ji to look into this issue as poor farmers are unable to reach out to the Ministry of Defence for their land compensation case. From the last 10 years the market value of land has inflated 3 to 4 times more than what it was in 2013 or 2014. The land owners are in loss already and need to be given a sigh of relief.
- Views expressed in the article are the author’s own and do not necessarily represent the editorial stance of Kashmir Observer
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