Jammu and Kashmir
Bathindi crossing road
,
Narwal Bathindi
,
Jammu
Published : 12 July, 2014   |   Last updated - 24 Jun, 2024
Residents of Narwal Bathindi disrupt demolition drive, clash with police in Jammu and Kashmir
Reported by
Rabiya Bashir
Legal Review by
Anmol Gupta
Updated by
Anupa Kujur
52
Households affected
People Affected
2022
Year started
13
Land area affected
52
Households affected
People Affected
2022
Year started
13
Land area affected
Key Insights
Sector
Land Use
Reason/Cause of conflict
Other Kind of Land Use
Conflict Status
Ongoing
Ended
Legal Status
Region Classification
Urban
Ended
1
Summary

On March 27, 2022, the residents of Jammu blocked the Narwal Bypass road and held a protest against the government authorities after an anti-encroachment drive was started in the area.

The revenue department amid heavy deployment of police and paramilitary forces demolished 52 structures which includes buildings and shops of 90 families on 32.5 acres of land near Bathindi crossing on the Narwal Bypass. 

However, the drive was halted as hundreds of people took to streets and blocked the highway by burning tyres and staging a sit-in against the “selective drive”. It was deemed selective by the people because a nearby mall situated on similar common land was not affected by the drive. They also felt it was aimed at Muslims living in the area only. One of the protesters, Shabir Ahmad, told media, "They came around 4 am and started the demolition drive without any prior notice. The law is equal for everyone, but why this selective drive in our areas? Was the government sleeping when the buildings were raised?". The residents said they have electricity connections and ration cards, so there is no justification for the drive. "It is nothing but hooliganism,” they alleged. Other residents who protested on the road also claimed to have legal documents for the land in question.

According to media reports the local administration had a difficult time in maintaining law and order under control. Additional Deputy Commissioner, Jammu, Shyambir said, "We suspended the drive on public demand and asked them to form a committee to raise their issues at the right forum. We are here to address their genuine issues." However, while speaking to LCW, he said, "We have directions to retrieve the land. We will continue to retrieve all the State land from encroachers."

Eviction drives have been taking place across Jammu and Kashmir after the Roshni Act, under which the ownership of state land was vested with occupants under certain conditions, was scrapped by the Jammu and Kashmir High Court in 2020.

2
Fact Sheet

Demand/Contention of the Affected Community

Complaint against procedural violations

Demand for legal recognition of land rights

Demand to retain/protect access to common land/resources

Other Demand/Contention of the Affected Community

Region Classification

Urban

Type of Land

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?

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

Residential area

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?

Author
Reported by
Rabiya Bashir

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 for legal recognition of land rights

Demand to retain/protect access to common land/resources

Residents of Narwal Bathindi disrupt demolition drive, clash with police in Jammu and Kashmir

Reported by

Rabiya Bashir

Legal Review by

Anmol Gupta, Mukta Joshi

Edited by

Radhika Chatterjee

Updated by

Updated by

Published on

September 26, 2022

May 18, 2023

Edited on

September 26, 2022

Sector

Land Use

Reason or Cause of Conflict

Other Kind of Land Use

Starting Year

2022

Land Area Affected (in Hectares)

13

ha

Households Affected by Conflict

52

People Affected by Conflict

State

Jammu and Kashmir

Sector

Land Use

People Affected by Conflict

Households Affected by Conflict

52

Land Area Affected (in Hectares)

13

ha

Starting Year

2022

Location of Conflict

Narwal Bathindi

Bathindi crossing road

Jammu

Reason or Cause of Conflict

Other Kind of Land Use

Land Conflict Summary

On March 27, 2022, the residents of Jammu blocked the Narwal Bypass road and held a protest against the government authorities after an anti-encroachment drive was started in the area.

The revenue department amid heavy deployment of police and paramilitary forces demolished 52 structures which includes buildings and shops of 90 families on 32.5 acres of land near Bathindi crossing on the Narwal Bypass. 

However, the drive was halted as hundreds of people took to streets and blocked the highway by burning tyres and staging a sit-in against the “selective drive”. It was deemed selective by the people because a nearby mall situated on similar common land was not affected by the drive. They also felt it was aimed at Muslims living in the area only. One of the protesters, Shabir Ahmad, told media, "They came around 4 am and started the demolition drive without any prior notice. The law is equal for everyone, but why this selective drive in our areas? Was the government sleeping when the buildings were raised?". The residents said they have electricity connections and ration cards, so there is no justification for the drive. "It is nothing but hooliganism,” they alleged. Other residents who protested on the road also claimed to have legal documents for the land in question.

According to media reports the local administration had a difficult time in maintaining law and order under control. Additional Deputy Commissioner, Jammu, Shyambir said, "We suspended the drive on public demand and asked them to form a committee to raise their issues at the right forum. We are here to address their genuine issues." However, while speaking to LCW, he said, "We have directions to retrieve the land. We will continue to retrieve all the State land from encroachers."

Eviction drives have been taking place across Jammu and Kashmir after the Roshni Act, under which the ownership of state land was vested with occupants under certain conditions, was scrapped by the Jammu and Kashmir High Court in 2020.

Fact Sheet

Demand/Contention of the Affected Community

Complaint against procedural violations

Demand for legal recognition of land rights

Demand to retain/protect access to common land/resources

Other Demand/Contention of the Affected Community

Region Classification

Urban

Type of Land

Common

Type of Common 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

Residential area

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?

Legal Data

Categories of Legislations Involved in the Conflict

Legislations/Policies Involved

Prof. S. K. Bhalla v. State of Jammu & Kashmir and Ors. (PIL No. 19/2011, order dated October 9, 2020)
On October 9, 2020, the High Court of Jammu and Kashmir held that the Jammu and Kashmir State Land (Vesting of Ownership to the Occupants) Act 2001, [also known as Roshni Act] to be unconstitutional. Prior to this judgment, residents of the State would apply under this Act to regularize their occupation on public land. 
Jammu and Kashmir Public Premises (Eviction of Unauthorised Occupants) Act, 1988
Section 4 [Estate Officer to call upon person suspected of encroaching by a notice in writing to produce documentary within seven days of date of notice]; Section 5 [Estate Officer required to make an order of eviction with recorded reasons if the public premises are to be vacated]; Section 7 [Estate officer may issue order of demolition for unauthorized constructions only after notice of minimum 5 days is issued. The affected parties must be given a reasonable opportunity to be heard].
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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:

Forced evictions/dispossession of land

Non-rehabilitation of displaced people

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)

Case Number

Main Reasoning/Decision of court

Major Human Rights Violations Related to the Conflict:

No items found.

Reported Details of the Violation:

Date of Violation

Location of Violation

Additional Information

Government Departments Involved in the Conflict:

Jammu and Kashmir Revenue Department, Jammu and Kashmir Police, 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:

Locals

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

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Image Credit:  

Video

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