New NIT Srinagar campus in Pulwama?

Pulwama and Budgam Kareawas were famous for growing almonds, saffron and apples in the past. These kareawas were bulldozed during laying of Srinagar Qazigund railway line more than 20 years back and the destruction continues even now and Govt authorities have been allowing this destruction under the garb of so called development. There are some patches of land which have still been preserved by the local villagers but the Govt wants to destroy them as well for so-called development?  On December 24th 2024 the office of Deputy Commissioner Pulwama issued an order constituting a team of Revenue Officers who will prepare necessary papers for setting up of a new campus for National Institute of Technology (NIT) Srinagar at Newa Pulwama.

The DC office is planning to transfer more than 4,834 kanals which is equivalent to around 604 acres of land. The DC office claims that 4800 kanals of land is state land but the locals say that they have been cultivating the land for the last more than 100 years which is mentioned in the revenue extracts as well. In this article I will try to throw some light on this issue and explain the legal and environmental aspects of this proposed project.  The official order issued by DC office Pulwama vide communication number : DCP-SQ/24-25/2148-58  Dated: 24.12.2024 which is signed by Assistant Commissioner Revenue Pulwama has constituted a team of around 7 Revenue Department officers who will be responsible for preparation of necessary revenue papers. The team includes Naib Tehsildars Newa and Kakapora, as well as revenue staff such as Girdawars (GQ) Trich and Parigam and Patwari’s of Patalbagh, Kangan, and Newa.

Isn’t Panchayat a State  

We need to understand that State in a broader term and is not restricted to the Offices of President, Prime Minister, Chief Minister, Governor or Lt Governor etc. As per Article 12 of the Indian Constitution:

“Definition in this part, unless the context otherwise requires, the State includes the Government and Parliament of India and the Government and the Legislature of each of the States and all local or other authorities within the territory of India or under the control of the Government of India.”

This definition makes it crystal clear that the state within the meaning of constitution of India means:

Government and Parliament of India i.e., the Executive and Legislature of the Union

Government and Legislature of each State, Union Territory i.e the Executive and Legislature of the various States / UTs  of India

All local or other authorities (Panchayats, Municipalities)  within the territory of India

Local Bodies custodians of state land

In addition to the constitutional definition of state, there are several judgments of the Supreme Court and different High Courts which say local bodies are covered under the definition of State. If Municipality or Panchayat is a state then the land located in its jurisdiction also belongs to this institution? How can a Govt issue an order from Civil Secretariat or Raj Bhavan and tell Deputy Commissioner of a district to transfer almost 5000 kanals of land for NIT’s new campus while as people of the area, who have been cultivating the same land for more that 100 years, area not even asked for their consent?

On various occasions in the past, PM Modi and Home Minister Amit Shah have been highlighting the importance of local bodies and panchayats in J&K, but for more than a year these elections haven’t been held and all our panchayats are defunct. Even the local DDC members are not consulted by administration during execution of mega developmental projects. At a time when there are no elected Panchayats in villages, how can the Govt initiate land acquisition process of “state land” in a village? For the last one year plus the Panchayat Administration lies with local Block Development Officer-BDOs. Has the BDO Newa been asked to hold Halqa Majlis / Gram Sabha in the Newa and adjoining villages to see if people are ready to give their land for the new NIT Srinagar campus?

Environmental Impact

Our agricultural land is shrinking already in J&K. In Kashmir valley its impact is more as a lot of agricultural land has been acquired for new highways and rail projects. We are a land deficit place and our agriculture and horticulture is the backbone of our economy. There are apple and almond orchards spread on more than 5000 kanals of land in Newa Pulwama area which are spread on massive Karewa land. The setting up of new apple orchards has not only boosted the economy of locals but also controlled the air pollution as well.  The apple trees play a significant role in carbon sequestration.

Through photosynthesis, they absorb carbon dioxide (CO2) from the atmosphere and store it in their biomass (trunks, branches, and roots). This reduces the amount of greenhouse gases in the atmosphere, thereby helping to mitigate global warming. Mature apple orchards can act as long-term carbon sinks, locking away carbon for decades. Apple plantations improve air quality as their leaves and bark trap particulate matter and other air pollutants, such as sulphur dioxide-SO2  and nitrogen oxides.  This is particularly beneficial in areas with poor air quality due to industrial emissions or vehicular traffic.

Apple orchards create habitats for a wide range of organisms, including insects, birds, and small mammals. Pollinators like bees and butterflies benefit immensely from the flowers of apple trees, which provide a critical source of nectar and pollen. The increased biodiversity enhances ecosystem resilience and stability. If the Govt allows cutting down of these trees in a 5000 kanal area , imagine what would be its impact on environment and ecology ?

Conclusion 

How can any civilized society allow the destruction of such a great biodiversity and allow concrete buildings to come on this beautiful Karewa landscape? On one hand, the Government sets out agendas for empowerment of the institutions of local self governance but when it comes to taking control of the state land, the ownership rights are not given to the local bodies or PRIs. Issuing orders from the Civil Secretariat and getting it executed through District Administration kills not only the essence of the Welfare State but also chokes the spirit of our local self governance as well.

Dr Raja Muzaffar Bhat is an Acumen Fellow & Founder / Chairman J&K RTI Movement