Reported by
Legal Review by
Edited by
Updated by
Published on
May 20, 2020
May 17, 2022
Edited on
May 20, 2020
Dal Lake is home to and the main source of livelihood for a population of more than 50,000, a majority of them belonging to the Hanji community. The Hanji community earns their livelihood from the lake by engaging in various activities, such as fishing, growing vegetables like nadru (lotus stem) and haak (green leafy vegetable), ferrying tourists in shikaras and collecting water lilies for cows, although some of them also practise farming. The Dal dwellers,** who have been living on the banks of Dal Lake in Srinagar for generations, have been forcefully evicted by the state in the name of conservation of the lake. The 'relocation' is scheduled to be completed by 2025. The eviction drive, which began in 2011, is seen as a move to implement the 'Save Dal Project' which was introduced in 1997. According to the state's Lakes and Waterways Development Authority (LAWDA), the project comprises two components: conservation and rehabilitation. While fruitful conservation efforts are yet to be seen, the state is facing backlash for its rehabilitation effort. In 2007, the Lakes and Waterways Development Authority announced a plan to prepare housing plots for Dal dwellers at the Rakhe Arth wetland colony in Bemina, on the outskirts of Srinagar. As part of the conservation of the lake, more than 2,000 families have been forcefully evicted from 75 hectares of land so far, as told to LCW by a junior government official, speaking on the condition of anonymity. In the process, their movable assets, including livestock and agricultural produce and equipment, have also been displaced. The relocation and rehabilitation project began in 2010 with the aim to move 9,461 families from Dal Lake to RakheArth. However, the land on which the colony is built is a wetland and not suitable for rehabilitation. Many of the houses that the government constructed for rehabilitation **have developed cracks or have skidded off, risking the lives of families residing there. The roads have potholes and the colony is also lacking in adequate educational and primary healthcare facilities. They are distressed as their livelihood is totally dependent on the lake and has been severely disrupted due to the relocation, with many struggling to subsist themselves. Although the affected people accepted the compensation package of INR 10 lakh per family offered by the government, they have realized it is not enough to cover their losses and have demanded that the government relocate them back to the lake. A group of people organized themselves in February 2020, at Nehru Park, urging the government to not proceed with its plan. On October 11, 2020, as per government instruction, LAWDA submitted a Detailed Report Project of INR 291crore for RakheArth. Ghulam Rasool Akhoon, president of Dal Dwellers Welfare Union, told LCW that focusing on the Hanji community diverts public attention from the dismal administrative performance of the government authorities, including the states judiciary. The eviction is another attempt to use the Hanji community as a scapegoat for the deterioration of the Dal. They must get appropriate compensation as per their property values and also be relocated to the Dal Lake, he added. In a 2021 report by Gaon Connection, Foqiya Iftikhar, junior engineer, LAWDA RakheArth sub division, conveyed that the developmental work in the relocation site had come to a standstill due to the COVID19 pandemic and nonpayment of the fees of contractors.
Demand for compensation
Demand for rehabilitation
Relocation to original land.
Urban
Private
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):
₹
416.72
Type of investment:
Cost of Project
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
Constitutional Law, Central/State Government Policy, Other
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:
Legal Status:
Out of Court
Status of Case In Court
Whether any adjudicatory body was approached
Name of the adjudicatory body
Name(s) of the Court(s)
High Court of Jammu and Kashmir
Case Number
Main Reasoning/Decision of court
Major Human Rights Violations Related to the Conflict:
Displacement
Whether criminal law was used against protestors:
Reported Details of the Violation:
Dal dwellers were forcefully evicted from their land.
Date of Violation
Location of Violation
Dal Lake
Nature of Protest
Protests/marches
Government Departments Involved in the Conflict:
J&K Lakes and Waterways 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:
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?
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