Tuesday, August 19, 2008

The truth of the Order

Govt.of Jammu and Kashmir had issued an order for the diversion of Forest Land to the Shri Amar Nath Shrine Board strictly on the condition that this will be utilized for raising temporary structures for the convenience of the Yatries. How come the Kashmiri Leaders construed that it will be used for raising Israel like complexes?

Here are the original texts of the Allotment as well as Cancellation Orders. Please peruse and draw conclusion for yourself :
Land Allotment and Cancellation Order

Government of Jammu & Kashmir
Civil Secretariat Forest Department
Subject: Diversion of 39.88ha of forest land to Shri Amarnathji
Shrine Board at Baltal and Domail for raising Buildings/Structures in Sindh Forest Division.
Reference: Cabinet Decision No. 947 dated: 20-05-2008
GOVERNMENT ORDER NO: 184- FST of 2008
D A T E D: 26-05-2008
Sanction is accorded to the diversion of forest land measuring 39.88 ha., falling under compartment No 63a Sindh in Block Kullan, Range Sindh, Sindh Forest Division, for raising pre-fabricated structures only for camping purpose of pilgrims without going in for construction of permanent structures at Baltal and Domail by Shri Amarnath Ji Shrine Board on the following terms and conditions
1. The proprietary status of forest land shall remain unchanged.
2. The forest land so diverted shall be utilised only for the purpose for which it has been diverted. It shall not be transferred to any other agency without approval of the Forest Department.
3. The forest land so diverted shall not be mortgaged, reassigned or subleased by user agency in any manner what so ever to any other agency.
4. The User Agency shall pay Net Present Value of the forest land to the tune of
Rs 2, 31,30,400/- (Rs Two crore, thirty-one lacs , thirty thousand four hundred only) as calculated by the concerned DFO as per Hon’ble Supreme Court Order dated 30-10-2002 in IA No 566 in Writ Petition (civil) No 202 of 1995 TN Godavarman Thirumalpad V/S Union of India.
5. The User Agency shall pay Rs. 19,94,000/- (Rs Nineteen lacs, ninety-four thousand only) on account of Compensatory Afforestation in be carried over 79.76 ha.
6. The user agency shall take foolproof measures on modern scientific lines to ensure that water of nearby Sindh Nallah does not get polluted.
7. Any damage done to the forest by the user agency or its employees and contractors or people employed by them, shall be charged from the user agency at the rate of ten times the standard rate of 1992.
8. The forest land so diverted shall return to the Forest Department, free of any encumbrances, when it is no longer required by the User Agency.
9. The user agency shall construct compete retaining breast walls on the both sides of the road /railway line/ earth work/ tunnelling etc. and take other necessary steps so as to minimize soil erosion /land slips. In this regard the user agency shall seek technical guidance from Director, Soil Conservation Department, J&K .
10. The user agency shall also pay any other amount which will become payable as per orders of Hon’ble Supreme Court or Government/ Forest Department, J&K.
11. The user agency shall be responsible to get requisite clearance under any other relevant law in vogue.
12. The user agency shall submit an undertaking that in case of any upward revision of rates of Net Present Value, the user agency will pay amount of differential Net Present Value.
13. The possession of Forest land diverted for non-forestry purpose under the orders of the competent authority should not be handed over to the user agency till all payment due against Compensation of trees. NPV Compensation of land Compensatory Afforestation costs etc., are not deposited with Chief Accounts Officer in the office of the PCCB. Before handing over the possession of the forest land it should be further ensured that there are no outstanding dues with the said user Agency in respect of the cases sanctioned in the past.
14. The user agency shall take all possible environmental safe-guards in consultation with the State Pollution Control Board prior to erection of the pre-fabricated structures and their use by the pilgrims to ensure that no damage is caused to the ecology of the area.
The proposal stands cleared/approved by the Advisory Committee in its 39th meeting held under the Chairmanship of the Chief Secretary on 12th July, 2007.
By order of the Government of Jammu and Kashmir.
Sd/-
Principal Secretary to Government,
Forest Department.

NO:- FST/Land/41/2007 Dated:- 26-05-2008
Copy to the: 1 to 8
(Various Department and Officers)
(M.A. Hamdani)
Under Secretary to Government,
Forest Department.
Government of Jammu & Kashmir
Civil Secretariat Forest Department
Subject: Non Agenda item: Diversion of 39.88 ha., of forest land Shri Amarnathji
Shrine Board at Baltal and Domail for raising Building/Structures in Sindh Forest Division.
Reference: Cabinet Decision No. 107/09 dated: 01-07-2008
Government Order No: 291- Fst of 2008
Dated: 01.07.2008
Government Order No: 184-FST of 2008 dated: 26-05-2008 vide which 39.88 ha of forest land was diverted to Shri Amarnathji Shrine Board at Baltal and Domail is hereby cancelled.
By order of the Government of Jammu &Kashmir.
Commissioner/Secretary to Government
Forest Department

No: Fst/land/41/2007 Dated: 01.07.2008

Copy to the:
1…to 12
(Various Departments and Officers)

2 comments:

Unknown said...

Very well written! The original order itself is telling that land will not be used for anyother purpose. These seperatists/semi seperatists are befooling the local people to flare up their leadership which was loosing its ground.

s. p. sharma said...

Well done. The current agitation, it seems, is not confined to the anger against cancellation of the land. It also appears to be ventilation of the grouse against long drawn discrimination with the Jammu region by the Kashmiri rulers.