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Legal Review by
Edited by
Updated by
Published on
March 24, 2022
May 17, 2022
Edited on
March 24, 2022
On January 11, 2022, the Jammu Development Authority (JDA) retrieved two hectares of land following a demolition drive in Roop Nagar. At least 17 structures belonging to a dozen families from the Gujjar and Bakerwal tribes were destroyed. The drive was jointly launched by the JDA, the police and the district administration.
Akbar Hussain, a resident of the area, told the media that around 200 police and CISF personnel surrounded the locality and did not allow anyone to enter the area. “It was 8.30 in the morning. Most of the men, who work as milkmen, had left for the day. Only women and elders were at home. The authorities came in with JCBs and started throwing out our belongings,” he said, adding that the demolition drive lasted for four to five hours.
Another resident, Choudhary Nazir, informed the media that the families whose homes were destroyed had been living in the area for more than 70 years. “The officials did not inform us, nor did they send any notice,” he added.
The demolition drive sparked widespread protests. Hundreds of people hit the roads and raised slogans against the JDA. “This is injustice against our community. They are targeting us in this harsh winter. If this injustice does not stop, we will start agitations in Jammu, Kashmir and Ladakh,” Manzoor Khatanna, a resident of Jammu, told LCW.
Nasreena Akther, a mother of a two-month-old child, feared for her child’s health in the harsh winter. “How can I protect my child from the biting cold? Where we will go? They have demolished our houses and ransacked our goods and belongings,” she told the media.
According to Advocate M.R. Qureshi, who is representing the affected families, they had approached the high court in 2015 for conferment of ownership rights of the land under the Roshni Act. But the petition seeking regularisation of the land became ‘infructuous’ when the court nullified the Roshni Act in October 2020. He further said that the revenue records show these families to be in possession of the land even before 1947. “The entries made in revenue records in 1978 show that this land was cultivated by these families even before the Partition,” he said.
Some activists have accused the government of ‘selective targeting of communities’. Roop Nagar is a Muslim-dominated area mainly inhabited by Gujjars and Bakerwals. Zahid Parwaz Choudhary, a tribal activist, told LCW that the JDA has launched selective demolition drives against the communities. “Is this the development of the government? Evicting people and rendering them homeless? These people have been living in the area since ages,” he said.
The JDA has denied these allegations. JDA Vice Chairperson Pankaj Magotra told LCW that the claims made by the Gujjar-Bakerwal families are not authentic. “We are not targeting any specific community. We are simply following government orders,” he said. Another JDA official, who wished anonymity, told LCW that the land belongs to the JDA and that they will continue to retrieve their land.
Demand for legal recognition of land rights
Demand for rehabilitation
Demand to retain/protect access to common land/resources
Complaint against procedural violations
Urban
Common
Non-Forest (Other than Grazing Land)
What was the action taken by the police?
How many people did the police detain or arrest?
What is the current status of the detained/accused persons?
Did the person face any violence while in police custody?
Did the person face any violence while in police custody?
If any arrests took place, were the accused persons produced before a judge within 24 hours of the arrest?
If the accused was not produced before a magistrate within 24 hours, or not produced at all, what were the reasons?
Legislation under which the accused was charged
Was the accused person informed of their right to legal representation? Did the accused person have access to legal aid?
In cases where the accused person approached the court for bail, was bail granted?
Why was bail granted or rejected? If granted, what were the bail conditions and quantum of bail?
Were there any other notable irregularities that took place, or other significant details?
Details of sources (names of accused, names and numbers of any lawyers, names of any police officers contacted)
Status of Project
Original Project Deadline
Whether the Project has been Delayed
Significance of Land to Land Owners/Users
Whether the project was stalled due to land conflict
Source/Reference
Total investment involved (in Crores):
₹
Type of investment:
Year of Estimation
Page Number In Investment Document:
Has the Conflict Ended?
No
When did it end?
Why did the conflict end?
Categories of Legislations Involved in the Conflict
Legislations/Policies Involved
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Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Whether claims/objections were made as per procedure in the relevant statute
What was the claim(s)/objection(s) raised by the community?
What was the Decision of the Concerned Government Department?
Legal Processes and Loopholes Enabling the Conflict:
Non-rehabilitation of displaced people
Lack of legal protection over land rights
Forced evictions/dispossession of land
Scheduled Tribe status or lack of status
Violation of free prior informed consent
Violation of fundamental rights
Legal Status:
In Court
Status of Case In Court
Disposed
Whether any adjudicatory body was approached
No
Name of the adjudicatory body
Name(s) of the Court(s)
High Court of Jammu and Kashmir and Ladakh
Case Number
OWP no. 1589 of 2015
Main Reasoning/Decision of court
Major Human Rights Violations Related to the Conflict:
Displacement
Other harassment
Whether criminal law was used against protestors:
No
Reported Details of the Violation:
JDA officials allegedly demolished the houses of 12 families rendering them homeless and also ranscaked their belongings.
Date of Violation
January 10, 2022
Location of Violation
Roop Nagar, Jammu
Nature of Protest
Protests/marches
Media-based activism/alternative media
Government Departments Involved in the Conflict:
Jammu Development Authority
PSUs Involved in the Conflict:
Did LCW Approach Government Authorities for Comments?
Name, Designation and Comment of the Government Authorities Approached
Corporate Parties Involved in the Conflict:
Did LCW Approach Corporate Parties for Comments?
Communities/Local Organisations in the Conflict:
Gujjars, Bakerwals
What was the action taken by the police?
How many people did the police detain or arrest?
What is the current status of the detained/accused persons?
Did the person face any violence while in police custody?
If any arrests took place, were the accused persons produced before a judge within 24 hours of the arrest?
If the accused was not produced before a magistrate within 24 hours, or not produced at all, what were the reasons?
Legislation under which the accused was charged
Was the accused person informed of their right to legal representation? Did the accused person have access to legal aid?
In cases where the accused person approached the court for bail, was bail granted?
Why was bail granted or rejected? If granted, what were the bail conditions and quantum of bail?
Were there any other notable irregularities that took place, or other significant details?
A damaged house in Roop Nagar following the demolition
Image Credit:
Zulkarnain Chowdhary, advocate and activist
A collpased roof after the demolition
Image Credit:
Zulkarnain Chowdhary, advocate and activist
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