Budgam- In a significant development the Court of Sub Judge in Chadoora in district Budgam has ordered that a Maha Gram sabha be held to decide granting of grazing rights to the local population of Branwar , Neegu , Jabbad and adjoining villages as mandated under the Scheduled Tribes and Other Traditional Forest Dwellers (Reignition of Rights ) Act also known as Forest Rights Act 2006 -FRA. In its previous order also the court had ordered for holding of the Gram Sabha which hasn’t been held till date on one pretext or the other.
While disposing of the case titled Ghulam Mohammad Jahara v/s Ghulam Qadir Thekrey and others Sub Judge Chadoora (Civil Judge Senior Division) Mr Mir Wajahat on July 25th 2024 ordered that defendants can utilize the 12 designated pasturelands in Doodh Ganga forest range in Budgam until the final call was taken by the Gram Sabha. The order reads as:
“ In presence of all parties to the suit it was agreed that all disputes would be settled if a Maha Gram Sabha for all the pastures is conducted under the supervision of an expert lawyer designated by the court, involving all sub division heads of the concerned departments and in accordance with the law, rules and guidelines issued by the Hon’ble Supreme Court of India. Until Maha Gram sabha is conducted any person enjoying rights recognized by the Forest Department shall continue to do so without interference, until the Maha Gran sabha has the opportunity to deliberate and decide on the rights and preferences regarding this land to avoid any dispute pending decision by Gram Sabha. The defendants are permitted to utilize 12 designated pasturelands till then if permitted by law and officers at the helm of affairs “
Pertinent to mention that plaintiffs Ghulam Mohammad Jahara @ Chowdhary and others had claimed rights over Chaskani Nad meadow which is spread over an area of approximately 20,000 kanals of land located in Doodh Ganga forest range of Pir Panjaal forest division Budgam. The other party Ghulam Qadir Thekrey (defendants) who also belong to Gujjar community allege that Ghulam Mohammad Jahara alias Chowdhary had forcibly taken control over such a huge chunk of meadows and were allegedly earning money from it as the family takes money from Bakarwals of Rajouri and Poonch for grazing their animals in summer months while as majority of the local Gujjar and other pastoralist communities were deprived of these rights.
The matter finally landed in court last year and Sub Judge Chadoora had earlier also issued some orders and repeatedly it was ordered that the Gram Sabha must decide the matter. Pertinently under Forest Rights Act 2006 also Gram Sabha is the supreme authority to decide upon the claims filed by local population. The Gram Sabha is the adult population of the village (18 years and above) and 50 % quorum is necessary to decide on the Forest Rights Act (FRA) related cases.
Last month one of the applicants (plaintiffs) in the case Saifudin Jahara who is brother of Ghulam Mohammad Jahara along with Abul Rashid Jahara Hangdar had requested DC Budgam to withhold the Gram Sabha which had to meet on July 1st 2024. The Chief Planning Officer-CPO Budgam had written to concerned Block Development Officer -BDO Surasyar to postpone the Gram Sabha. Since then Gram Sabha also called Deh Majlis hasn’t been held. Both Saifudin and Rashid as per the local sources are Chairpersons of the Forest Rights Committee in Branwar and Jabbad panchayat halqas and Gram sabha has the power to change these Chairpersons as well.
“ The members and chairpersons of Forest Rights Committees-FRC in Branwar, Jabbad and Neegu and even many other villages were not appointed by the Gram Sabha and they are under the apprehension that they will lose their posts. These people are totally ignorant of their job and are mostly illiterate. I would suggest local educated people including women be appointed as Chairpersons and Members of the Forest Rights Committee through democratic means by Gram Sabha. Several existing Chairpersons and members of FRC apprehend that gram sabha might vote in majority against a particular family who have taken control over 20,000 kanals of land around Chaskaninar meadows. I want them to also get their share for grazing but to graze their 70 or 80 sheep they don’t require 20,000 kanals of land ? This is injustice and violation of the Forest Rights Act 2006. The other party owns around 1000 sheep and they were being deprived of the grazing rights . The court has underscored the importance of the Forest Rights Act. I am sure that Maha Gram sabha will decide the case on merits soon and other villages like Bonen, Jedden, Kutbal , Gogjipathri has also been included as parties in this case and they too have grazing rights on this land “ said Advocate Nazeer Ahmad who pleaded this case along with Advocate Umar Shafi
It is important to mention that the Gujjar community of Branwar, Jabbad , Neegu villages in Chadoora Budgam along with some Kashmiri families were denied the grazing rights for their hundreds of sheep in the pasture-land of Chaskani Naad last summer. The said pastureland is located at an altitude of 4000 meters in Doodh Ganga forest range of Pir Panjal Forest Division. As the matter took an ugly turn last year the Chairman DDC Budgam Nazir Ahmad Khan had written to Lt Governor Manoj Sinha and had asked for holding a maha gram sabha to address this issue under Forest Rights Act -FRA. The defendants have welcomed the court verdict and have appealed to DC Budgam to hold the mega Gram Sabha for all the villages who have rights over the pastureland as soon as possible.
” We appeal DC Budgam to allow locals to file community claims for Chaskani Nar meadows and then get a gram sabha convened in the area so that this issue is addressed as mandated under the Forest Rights Act 2006″ said Ghulam Qadir Ganai a local social activist of Branwar. He along with Ali Mohammad Jahara & Abdul Rashid Gorsi of Jabbad village have also appreciated the court verdict.
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