The Kashmir valley is known as a land of Mughal gardens, rivers and lakes. But it is shrinking day by day. Kashmir, which was referred to as “Firdaus” i.e. Paradise on Earth by Emperor Akbar has become a victim of so called “development” and political uncertainty. Our lakes, meadows, green pastures, gushing milky streams and rivers are under severe threat. They are shrinking due to massive urbanisation and haphazard construction. We are heading for a severe environmental disaster and food crises as agricultural and forest lands are being acquired by various agencies of the Government of India for the construction of highways, power projects and laying out high-voltage transmission lines.
Jammu and Kashmir has three well-defined geographical regions:
a) the Lesser Himalayas, also called the “Jehlum Valley” (Kashmir valley)
b) the Inner Himalayas or the “Indus Valley” (Ladakh, Gilgit-Baltistan, etc). This is also referred to as “Trans Himalayas”
c) the Outer Himalayas, also called the “Southern Mountain range” which includes the Jammu region.
In addition to this, there are other mountain ranges like the Pir Panjaal range (2,832 metres) which separates the Kashmir valley from the outer Himalayas (South Mountain range). This range is around 2,621 kilometers long and 50 kilometers wide. The Banihal pass which separates the Kashmir valley from the Jammu region is located in the Pir Panjaal mountains, and is around 95 km from Srinagar city. There is a 4-km-long tunnel near the Banihal pass which was constructed during the 1950s. The majority of the Kashmir’s geographical area consists of huge mountain ranges that are covered with snow almost 6 to 9 months a year. Some mountain peaks and glaciers are fully covered with snow throughout the year and are the source of fresh water that flows through various rivers and streams across the North to South and East to West of Kashmir. It is because of these water resources that huge hydroelectric projects and dams have been constructed by the Government of India through its National Hydroelectric Power Corporation (NHPC). NHPC has been ruthlessly using up Kashmir’s natural resources and destroying forests and mountains for the last several decades. This Government-backed company is also being referred to as a new East India Company for exporting power from Kashmir while the valley of Kashmir itself reels under darkness – especially in winters, when the water level in rivers recedes. People have been demanding a due share from NHPC but negotiations have proved fruitless so far.
Forcible land acquisition
As per the 2010-11 Indian agriculture census, the operational land holding in India, was 1.15 hectares. This figure was much lower, at 0.62 hectares, for Jammu and Kashmir – and even less for the districts in the Kashmir Valley: Anantnag (0.39 hectares), Kulgam (0.39), Shopian (0.56), Pulwama (0.48), Srinagar (0.31), Budgam (0.43), Baramulla (0.51), Ganderbal (0.37), Bandipora (0.48) and Kupwara (0.51). Being a mountainous valley and with very little land under cultivation (170 x 60 km) the average agricultural land holding in the Kashmir valley is much smaller than that of India or Pakistan as 70% of our area falls under mountains and thick alpine forests. Agricultural activity takes places on 30% of the total geographical area. In such a scenario, any Government policy that is related to acquisition of agricultural land, which includes land under horticulture (apple orchards etc), has to take into account Kashmir’s unique geography and topography.
In the year 1998-99, Indian Railways took up the work on the 160 km Qazigund-Srinagar-Baramulla railway line. This railway line is operational for several years now and passes through the plains of the Jehlum valley. The work on connecting the Banihal pass with Jammu is going on for the last 10 years. Kashmiri people initially welcomed the rail project as we were enthusiastic to see a train running through towns and villages of the Kashmir valley, but when the work began on this project our mountains and Kareawas became the victims of this development. Kareawas are the small hills or elevated terraces found in nature. The soil required for creating elevated railway tracks was extracted from these Kareawas and mountains. Thousands of acres of mountain and kareawa land located in Budgam, Pulwama and Baramulla were plundered. The apple orchards and paddy fields in Kashmir plains were filled for constructing the rail tracks. Thousands of apple, plum, pear and almond trees were axed.
Construction of Highways
During the month of Ramazan this year, the Prime Minister of India Narendra Modi inaugurated a semi-ring road project in Kashmir. The 62-km highway in the Kashmir valley will connect Pulwama in South Kashmir with Ganderbal in Northern part of central Kashmir. This highway will also ease the movement of army vehicles heading towards North Kashmir, Kargil and Ladakh areas. The highway passes through Budgam and some parts of outer Srinagar as well. Again, more than 7,000 kanals of agricultural land has been acquired by the Government of India through its National Highway Authority of India (NHAI). In Budgam district alone, 4,800 kanals of land have been forcibly acquired. More than 5,000 fully-grown apple, walnut, plum and other fruit trees would be axed in the upcoming months when the work on this highway will be taken up. Irony is that land acquisition for this project is not being undertaken by NHAI under the Right to Fair Compensation & Transparency in Land Acquisition, Rehabilitation and Resettlement Act of 2013 (RFCTLARR Act 2013), which is applicable across India except the Jammu and Kashmir state.
For the information of Pakistani readers, under article 370 of the Indian constitution, no Indian law finds its automatic extension in Jammu and Kashmir state unless ratified by the state legislature. But more than 250 Indian laws have been extended to J&K, which includes many draconian laws like the Armed Forces Special Powers Act (AFSPA).
Local government in Kashmir still follows the J&K Land Acquisition Act of 1934, which was promulgated by last Dogra ruler of Kashmir Maharaja Hari Singh around 84 years back. It would be pertinent to mention that the Government of India in 2013 repealed its Land Acquisition Act of 1894 after severe agitation by farmers and activists. Under the 2013 land law, affected farmers have to be paid four times the market rate of land during acquisition. As this law is not applicable in Kashmir, the Government of India through NHAI is paying us mere “stamp value” of the land plus 15 % Jabirana (solatium) which is even less than the actual market value of land.
Laying of power transmission lines
The Ministry of Power of the Government of India through a private company namely Sterlite Power are establishing a mega 440 KV DC transmission line that connects Jallandhar in Indian Punjab with Baramulla in Kashmir. More than 30,000 kanals of agricultural land have been affected in Kashmir. These high-voltage transmission lines are laid for the purpose of exporting power generated from Kashmir-based hydroelectric power projects. The Power Grid Corporation of India is also involved in the transmission of power just like Sterlite Power. For purposes of accomplishment of projects the transmission lines are being carried through forests, state land and a large chunk of private land having well established apple, pear and walnut orchards. A large amount of agricultural land with paddy fields and vegetable farms besides land carrying various species of non fruit bearing trees like Poplars, Willow, Kikar etc are also affected. During installation and erection of towers and transmission lines a large number of fruit and non fruit bearing trees have been axed and uprooted. Hundreds of walnut trees have been axed without proper permission in many villages. The local administration, instead of coming to the rescue of poor people or preventing unnecessary felling of fruit and non fruit bearing trees along with forest trees, have become agents of the power company. The landed property of affected people has been rendered extremely useless to the extent that neither any construction can be undertaken within the affected area of the transmission line nor will they be able to enjoy the benefits of their orchards in future, as the growth of these trees retards due to a strong electrical field. The chemical sprays undertaken by apple growers are also impossible in future as they would be disastrous due to the strong electrical field under the transmission corridor. The power company is not even paying any compensation to affected people whose land has come under the transmission line corridor. Affected people are protesting and agitating, but nobody is ready to address their grievances.
Kashmiri farmers have been protesting against this forcible land acquisition for the last few years, but the authorities are not ready to address these issues. The Indian media is least interested in highlighting the environmental issues of Kashmir. Their priorities are to highlight violence – gunfights between Kashmiri fighters and the army. The Kashmir valley is an ecologically fragile area with limited agricultural land. We cannot afford to have massive transmission lines, railway projects and highways. The focus should, instead, be on development of the state’s agriculture and horticulture sectors. Nobody is listening to our woes. The compensation paid in lieu of acquired land is also very meagre.
The author is a Srinagar based activist and columnist
Jammu and Kashmir has three well-defined geographical regions:
a) the Lesser Himalayas, also called the “Jehlum Valley” (Kashmir valley)
b) the Inner Himalayas or the “Indus Valley” (Ladakh, Gilgit-Baltistan, etc). This is also referred to as “Trans Himalayas”
c) the Outer Himalayas, also called the “Southern Mountain range” which includes the Jammu region.
In addition to this, there are other mountain ranges like the Pir Panjaal range (2,832 metres) which separates the Kashmir valley from the outer Himalayas (South Mountain range). This range is around 2,621 kilometers long and 50 kilometers wide. The Banihal pass which separates the Kashmir valley from the Jammu region is located in the Pir Panjaal mountains, and is around 95 km from Srinagar city. There is a 4-km-long tunnel near the Banihal pass which was constructed during the 1950s. The majority of the Kashmir’s geographical area consists of huge mountain ranges that are covered with snow almost 6 to 9 months a year. Some mountain peaks and glaciers are fully covered with snow throughout the year and are the source of fresh water that flows through various rivers and streams across the North to South and East to West of Kashmir. It is because of these water resources that huge hydroelectric projects and dams have been constructed by the Government of India through its National Hydroelectric Power Corporation (NHPC). NHPC has been ruthlessly using up Kashmir’s natural resources and destroying forests and mountains for the last several decades. This Government-backed company is also being referred to as a new East India Company for exporting power from Kashmir while the valley of Kashmir itself reels under darkness – especially in winters, when the water level in rivers recedes. People have been demanding a due share from NHPC but negotiations have proved fruitless so far.
Forcible land acquisition
As per the 2010-11 Indian agriculture census, the operational land holding in India, was 1.15 hectares. This figure was much lower, at 0.62 hectares, for Jammu and Kashmir – and even less for the districts in the Kashmir Valley: Anantnag (0.39 hectares), Kulgam (0.39), Shopian (0.56), Pulwama (0.48), Srinagar (0.31), Budgam (0.43), Baramulla (0.51), Ganderbal (0.37), Bandipora (0.48) and Kupwara (0.51). Being a mountainous valley and with very little land under cultivation (170 x 60 km) the average agricultural land holding in the Kashmir valley is much smaller than that of India or Pakistan as 70% of our area falls under mountains and thick alpine forests. Agricultural activity takes places on 30% of the total geographical area. In such a scenario, any Government policy that is related to acquisition of agricultural land, which includes land under horticulture (apple orchards etc), has to take into account Kashmir’s unique geography and topography.
In the year 1998-99, Indian Railways took up the work on the 160 km Qazigund-Srinagar-Baramulla railway line. This railway line is operational for several years now and passes through the plains of the Jehlum valley. The work on connecting the Banihal pass with Jammu is going on for the last 10 years. Kashmiri people initially welcomed the rail project as we were enthusiastic to see a train running through towns and villages of the Kashmir valley, but when the work began on this project our mountains and Kareawas became the victims of this development. Kareawas are the small hills or elevated terraces found in nature. The soil required for creating elevated railway tracks was extracted from these Kareawas and mountains. Thousands of acres of mountain and kareawa land located in Budgam, Pulwama and Baramulla were plundered. The apple orchards and paddy fields in Kashmir plains were filled for constructing the rail tracks. Thousands of apple, plum, pear and almond trees were axed.
Construction of Highways
During the month of Ramazan this year, the Prime Minister of India Narendra Modi inaugurated a semi-ring road project in Kashmir. The 62-km highway in the Kashmir valley will connect Pulwama in South Kashmir with Ganderbal in Northern part of central Kashmir. This highway will also ease the movement of army vehicles heading towards North Kashmir, Kargil and Ladakh areas. The highway passes through Budgam and some parts of outer Srinagar as well. Again, more than 7,000 kanals of agricultural land has been acquired by the Government of India through its National Highway Authority of India (NHAI). In Budgam district alone, 4,800 kanals of land have been forcibly acquired. More than 5,000 fully-grown apple, walnut, plum and other fruit trees would be axed in the upcoming months when the work on this highway will be taken up. Irony is that land acquisition for this project is not being undertaken by NHAI under the Right to Fair Compensation & Transparency in Land Acquisition, Rehabilitation and Resettlement Act of 2013 (RFCTLARR Act 2013), which is applicable across India except the Jammu and Kashmir state.
For the information of Pakistani readers, under article 370 of the Indian constitution, no Indian law finds its automatic extension in Jammu and Kashmir state unless ratified by the state legislature. But more than 250 Indian laws have been extended to J&K, which includes many draconian laws like the Armed Forces Special Powers Act (AFSPA).
Local government in Kashmir still follows the J&K Land Acquisition Act of 1934, which was promulgated by last Dogra ruler of Kashmir Maharaja Hari Singh around 84 years back. It would be pertinent to mention that the Government of India in 2013 repealed its Land Acquisition Act of 1894 after severe agitation by farmers and activists. Under the 2013 land law, affected farmers have to be paid four times the market rate of land during acquisition. As this law is not applicable in Kashmir, the Government of India through NHAI is paying us mere “stamp value” of the land plus 15 % Jabirana (solatium) which is even less than the actual market value of land.
Laying of power transmission lines
The Ministry of Power of the Government of India through a private company namely Sterlite Power are establishing a mega 440 KV DC transmission line that connects Jallandhar in Indian Punjab with Baramulla in Kashmir. More than 30,000 kanals of agricultural land have been affected in Kashmir. These high-voltage transmission lines are laid for the purpose of exporting power generated from Kashmir-based hydroelectric power projects. The Power Grid Corporation of India is also involved in the transmission of power just like Sterlite Power. For purposes of accomplishment of projects the transmission lines are being carried through forests, state land and a large chunk of private land having well established apple, pear and walnut orchards. A large amount of agricultural land with paddy fields and vegetable farms besides land carrying various species of non fruit bearing trees like Poplars, Willow, Kikar etc are also affected. During installation and erection of towers and transmission lines a large number of fruit and non fruit bearing trees have been axed and uprooted. Hundreds of walnut trees have been axed without proper permission in many villages. The local administration, instead of coming to the rescue of poor people or preventing unnecessary felling of fruit and non fruit bearing trees along with forest trees, have become agents of the power company. The landed property of affected people has been rendered extremely useless to the extent that neither any construction can be undertaken within the affected area of the transmission line nor will they be able to enjoy the benefits of their orchards in future, as the growth of these trees retards due to a strong electrical field. The chemical sprays undertaken by apple growers are also impossible in future as they would be disastrous due to the strong electrical field under the transmission corridor. The power company is not even paying any compensation to affected people whose land has come under the transmission line corridor. Affected people are protesting and agitating, but nobody is ready to address their grievances.
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Kashmiri farmers have been protesting against this forcible land acquisition for the last few years, but the authorities are not ready to address these issues. The Indian media is least interested in highlighting the environmental issues of Kashmir. Their priorities are to highlight violence – gunfights between Kashmiri fighters and the army. The Kashmir valley is an ecologically fragile area with limited agricultural land. We cannot afford to have massive transmission lines, railway projects and highways. The focus should, instead, be on development of the state’s agriculture and horticulture sectors. Nobody is listening to our woes. The compensation paid in lieu of acquired land is also very meagre.
The author is a Srinagar based activist and columnist