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Legal Review by
Edited by
Updated by
Published on
August 29, 2021
May 17, 2022
Edited on
August 29, 2021
On December 22, 2018, the vice-chairperson of the Jammu Development Authority (JDA) and four policemen were among 18 persons injured, while 12 vehicles were damaged, in violent clashes with protesters when a joint team of the JDA and police launched an operation to clear encroachments on a plot of government land in the Niki Tawi area in Jammu. The police accused the mob of pelting stones and bricks at the officials.
The Jammu and Kashmir administration had reportedly disclosed that there were about 800 encroachments around the Tawi river. At least 33 nomadic families - Gujjars and Bakerwals – living in the Niki Tawi area were handed eviction notices. The protesters accused the JDA of being selective. They told the media that they should have been intimated before the demolition drive.
“Where were the JDA officials when we were raising the structures? Today, when we have spent lakhs of rupees on our buildings, they are out to bulldoze them,” a protesting woman told the media. “Before razing our homes, they have to demolish illegal structures raised by former ministers and MLAs. Why are these drives selective?”
A local Gujjar leader, Choudhary Nazakat Ali Khatana, told the media that these structures are not illegal. “The locals have electricity and water connections and pay all kinds of taxes to the government. We also have ration cards and Aadhar cards to prove our identity,” he said, adding that the JDA targeted only Muslims and that the eviction drive was a way to harass the community.
JDA Land Management Director Devinder Singh Katoch told LCW that the ‘encroachers’ are issued notices every month as “we have directions from the high court to remove all illegal settlements around the Tawi River, stretching from Nagrota to Fallain Mandal”. He added that the eviction drives are carried out in collaboration with various government departments, including forest, revenue, irrigation, municipality and police, and was not the work of a single department. He, however, declined to comment on any political pressure to stop the drive. JDA Vice-chairperson Pawan Rathore was unavailable for comment.
Demand for legal recognition of land rights
Complaint against procedural violations
Demand to retain/protect access to common land/resources
Rural
Common
Forest and Non-Forest, 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.
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:
Forced evictions/dispossession of land
Lack of legal protection over land rights
Legal Status:
In Court
Status of Case In Court
Pending
Whether any adjudicatory body was approached
Name of the adjudicatory body
Name(s) of the Court(s)
High Court of Jammu and Kashmir, Jammu bench
Case Number
WP PIL No. 7 and 19 of 2014, WP PIL No. 19 of 2012
Main Reasoning/Decision of court
Major Human Rights Violations Related to the Conflict:
Lathicharge/teargas/pellets
Arrest/detention/imprisonment
Displacement
Whether criminal law was used against protestors:
Reported Details of the Violation:
The vice-chairperson of the Jammu Development Authority and four policemen were among 18 persons injured when protesters allegedly pelted stones and bricks at the officials during an anti-encroachment drive. The protesters also damaged 12 vehicles.
Date of Violation
December 21, 2018
Location of Violation
Niki Tawi
Nature of Protest
Protests/marches
Stone pelting
Blockades
Property damage/arson
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:
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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