Jammu and Kashmir
Zainapora (33.7763° N, 75.0055° E)
,
Reshipora
,
Shopian
Published : 12 July, 2014   |   Last updated - 24 Jun, 2024
Railways project sparks livelihood concerns among Kashmir's apple growers
Reported by
Nayla Khwaja
Legal Review by
Anmol Gupta
Updated by
Anupa Kujur
150
Households affected
720
People Affected
2024
Year started
288
Land area affected
150
Households affected
720
People Affected
2024
Year started
288
Land area affected
Key Insights
Sector
Infrastructure
Reason/Cause of conflict
Railways
Conflict Status
Ongoing
Ended
Legal Status
Region Classification
Rural
Ended
1
Summary

In Jammu and Kashmir's Shopian district, villagers of Reshipora and Zainapora have strongly opposed the land-marking process and surveys by Railways officials, accompanied by J&K Police and CRPF, for construction of the Awantipora-Shopian railway line, one of the five newly proposed railway lines.

In 2023, Railways sanctioned five railway lines in Jammu Kashmir, including the doubling of the Baramulla-Banihal section (135.5 kilometers), Baramulla-Uri (50 kilometers), Sopore-Kupwara (33.7 kilometers), Awantipora-Shopian (27.6 kilometers), and Anantnag-Bijbehara-Pahalgam (77.5 kilometers). A majority of the farmers fear losing their orchards and livelihood due to the project.

The proposed five lines are set to be the largest project connecting the Kashmir valley with the rest of the country by rail, stretching over an approximate area of 5700 kanals (or 288 hectares). Locals fear that it will be a major blow to their local apple industry.

In March 2024, fruit growers staged protests in the Zainapora area of Shopian after officials started surveying their orchards to earmark land for the proposed Awantipora-Shopian line. Farmers said they received no formal notice from authorities before officials arrived to review their land, most of which are home to apple orchards. They added that there was only an informal message circulating on WhatApp alerting residents of plans for the rail line.

Jammu and Kashmir’s apple farms [employ](https://www.aljazeera.com/features/2024/4/10/kashmirs-famous-apple-orchards-are-under-attack-from-a-rail#:~:text=Apple farming is the largest,gross domestic product (GDP).) around 27% of the region’s population and contribute 8% to the state’s GDP. Delhi-based Independent Journalist Basit Parray told LCW that nearly 150 households will be affected due to the project.

Residents who rely on orchards for their livelihood told LCW that some of the farmers were unable to tend to their farms because of concrete poles erected after their land was earmarked by the authorities for the proposed railway line. The apple growers say they have invested their entire lives – and their limited resources – in raising the orchards, only for them to be forcefully taken away by the authorities.

The government has not yet disclosed details of the compensation that would be paid but many fruit growers say they do not want the money. Farmers say that they have spent ample money in raising these orchards and "one-time compensation is not going to feed us forever".

2
Fact Sheet

Demand/Contention of the Affected Community

Complaint against procedural violations

Demand to cancel the project

Demand to retain/protect access to common land/resources

Demand for better access to common land/resources

Other Demand/Contention of the Affected Community

Demand to shift the railway line

Region Classification

Rural

Type of Land

Common and Private

Non-Forest (Grazing Land), 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?

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

Grazing

Whether the project was stalled due to land conflict

Source/Reference

Total investment involved (in Crores):

37012

Type of investment:

Cost of Project

Year of Estimation

2023

Page Number In Investment Document:

Has the Conflict Ended?

No

When did it end?

Why did the conflict end?

Author
Reported by
Nayla Khwaja

Jammu and Kashmir

Kumar Sambhav is a social entrepreneur and award-winning journalist, leading innovative research in accountability investigations. He is the founder of Land Conflict Watch and is currently working as India Research Lead with Princeton University’s Digital Witness Lab.

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Fact sheet

Demand/Contention of the Affected Community

Complaint against procedural violations

Demand to cancel the project

Demand to retain/protect access to common land/resources

Demand for better access to common land/resources

Railways project sparks livelihood concerns among Kashmir's apple growers

Reported by

Nayla Khwaja

Legal Review by

Sourabh Rai, Anmol Gupta

Edited by

Anupa Sagar Kujur

Updated by

Updated by

Published on

August 8, 2024

August 9, 2024

Edited on

August 8, 2024

Sector

Infrastructure

Reason or Cause of Conflict

Railways

Starting Year

2024

Land Area Affected (in Hectares)

288

ha

Households Affected by Conflict

150

People Affected by Conflict

720

State

Jammu and Kashmir

Sector

Infrastructure

People Affected by Conflict

720

Households Affected by Conflict

150

Land Area Affected (in Hectares)

288

ha

Starting Year

2024

Location of Conflict

Reshipora

Zainapora (33.7763° N, 75.0055° E)

Shopian

Reason or Cause of Conflict

Railways

Land Conflict Summary

In Jammu and Kashmir's Shopian district, villagers of Reshipora and Zainapora have strongly opposed the land-marking process and surveys by Railways officials, accompanied by J&K Police and CRPF, for construction of the Awantipora-Shopian railway line, one of the five newly proposed railway lines.

In 2023, Railways sanctioned five railway lines in Jammu Kashmir, including the doubling of the Baramulla-Banihal section (135.5 kilometers), Baramulla-Uri (50 kilometers), Sopore-Kupwara (33.7 kilometers), Awantipora-Shopian (27.6 kilometers), and Anantnag-Bijbehara-Pahalgam (77.5 kilometers). A majority of the farmers fear losing their orchards and livelihood due to the project.

The proposed five lines are set to be the largest project connecting the Kashmir valley with the rest of the country by rail, stretching over an approximate area of 5700 kanals (or 288 hectares). Locals fear that it will be a major blow to their local apple industry.

In March 2024, fruit growers staged protests in the Zainapora area of Shopian after officials started surveying their orchards to earmark land for the proposed Awantipora-Shopian line. Farmers said they received no formal notice from authorities before officials arrived to review their land, most of which are home to apple orchards. They added that there was only an informal message circulating on WhatApp alerting residents of plans for the rail line.

Jammu and Kashmir’s apple farms [employ](https://www.aljazeera.com/features/2024/4/10/kashmirs-famous-apple-orchards-are-under-attack-from-a-rail#:~:text=Apple farming is the largest,gross domestic product (GDP).) around 27% of the region’s population and contribute 8% to the state’s GDP. Delhi-based Independent Journalist Basit Parray told LCW that nearly 150 households will be affected due to the project.

Residents who rely on orchards for their livelihood told LCW that some of the farmers were unable to tend to their farms because of concrete poles erected after their land was earmarked by the authorities for the proposed railway line. The apple growers say they have invested their entire lives – and their limited resources – in raising the orchards, only for them to be forcefully taken away by the authorities.

The government has not yet disclosed details of the compensation that would be paid but many fruit growers say they do not want the money. Farmers say that they have spent ample money in raising these orchards and "one-time compensation is not going to feed us forever".

Fact Sheet

Demand/Contention of the Affected Community

Complaint against procedural violations

Demand to cancel the project

Demand to retain/protect access to common land/resources

Demand for better access to common land/resources

Other Demand/Contention of the Affected Community

Demand to shift the railway line

Region Classification

Rural

Type of Land

Common and Private

Type of Common Land

Non-Forest (Grazing Land), 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

Grazing

Whether the project was stalled due to land conflict

Source/Reference

Total investment involved (in Crores):

37012

Type of investment:

Cost of Project

Year of Estimation

2023

Page Number In Investment Document:

Has the Conflict Ended?

No

When did it end?

Why did the conflict end?

Legal Data

Categories of Legislations Involved in the Conflict

Legislations/Policies Involved

Railways Act, 1989
Section 20A-20M [Provisions related to land acquisition under the Act], Section 20A [Union government to acquire land for public purpose for execution of a special railway project]; Section 20F [Competent Authority to make award of compensation within a period of one year from declaration]; Section 20G [Determination of market value of land dependent on minimum land value and average sale price of adjoining land]
Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013
Section 4 [Social Impact Assessment to be conducted by the appropriate government in consultation with the Gram Sabha, panchayat, municipality or municipal corporation as the case may be]; Section 5 [A public hearing shall be conducted at the affected area to ascertain the views of the affected families, which shall be recorded in the SIA Report] Section 8(2) [The appropriate government should ensure minimum displacement of people, minimum disturbance to the infrastructure and ecology and minimum adverse impact on the individuals affected]
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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.

Whether claims/objections were made as per procedure in the relevant statute

No

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:

Controversial land acquisition by the government

Non-consultation with stakeholders

Legal Status:

Out of Court

Status of Case In Court

Whether any adjudicatory body was approached

No

Name of the adjudicatory body

Name(s) of the Court(s)

Case Number

Main Reasoning/Decision of court

Major Human Rights Violations Related to the Conflict:

Blackmail/threats/intimidation

Surveillance

Other harassment

Reported Details of the Violation:

Date of Violation

Location of Violation

Additional Information

Nature of Protest

Protests/marches

Government Departments Involved in the Conflict:

Northern Railways, Jammu & Kashmir Police, Central Reserve Police Force(CRPF)

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:

Auqaf committee at Reshipora village and others

Protests/marches

Information on the use of criminal law

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?

Resources

Resources Related to Conflict

  • News Articles Related to the Conflict:
  • Documents Related to the Conflict:
  • Links Related to the Conflict:

Images

Villagers from Reshipora

Image Credit:  

Saleet Rashid

Apple growers from Reshipora village

Image Credit:  

Saleet Rashid

Video

Saleet Rashid

Other Land Conflicts in Jammu and Kashmir

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