Why do Karewas need legal Protection in J&K ?
The Karewas of Kashmir also known as Wodders in local language are massive plateaus spread across Kashmir valley. These geological formations resembling small hills have been mostly dry with less irrigation facility and that is the reason they are registered as Baagh e Khushki in land revenue records. When some Karewas were irrigated in the past it showed great results. I believe it was Mattan to Gopalpora via Kehribal Anantnag wodder land that was irrigated through a canal during the Dogra period. Once this was done the entire area with thousands of hectares of land started producing paddy and this changed the socio economic condition of the entire region up to the Achabal area.
This land has now been converted into apple orchards for the last 20 years or more and people earn a good revenue out of it. After the Dogra rule ended many more Karewas of Kashmir were irrigated through canals by J&K’s Irrigation Department and we see massive apple production in these areas now especially in Pulwama, Baramulla, Anantnag, Budgam and other areas. For the last 5 to 10 years I have witnessed huge bore wells set up in Karewa land and that is also irrigating the land especially the high density apple orchards.
State-land in Karewas
In addition to propriety land (Milikiayati land) there is a large swaths of land in Karewas registered as state land or Kah Charai. These large land parcels were not mainstreamed during the land reforms process taken up by Sheikh Mohammad Abdullah in 1949. Even after enactment of Agrarian Reforms Act 1976 this process was not taken up & successive elected Governments failed to hand over these land parcels to the tenants or cultivators. As the political situation in J&K changes from August 5th 2019, people feel that the Govt might acquire these land parcels for different developmental projects. We all know that Kashmir valley’s agriculture landholding is very small and the government always eyes on state-land or Kahcharai land which is mostly available in Karewas. But this would have a negative impact on our agri economy. Additionally from last 10 to 15 years the state-land and Kahcharai land in Karewas, that is barren, has been used to excavate clay and bajri or setting up of brick kilns? This is causing another disaster which needs legal protection. As of now clay mining in Karewas isn’t regularised and there is no law governing it. The reason was these land-parcels were dry, arid and non productive. These land parcels are under possession of locals and some of it has been developed into apple, almond, plum or pear orchards as well.
This land needs to be given legal status and proprietorship be given to the people who cultivate them for 30 years or more as mandated under Limitation Act 1963. A private members’ bill has been already brought by PDP MLA Waheed Ur Rehman Parra in this regard. I believe the government must pass this bill for the benefit of the people across the length and breadth of J&K from Kathua to Kupwara and Poonch to Padder. In addition to it another Private Members’ Bill has been moved by senior National Conference leader and MLA from Bijbehara Dr Bashir Veeri for protection of Karewa land.
Thousands of hectares of Karewa land in Pulwama, Budgam, Anantnag, Barmulla are being looted. This is defacing the karewa landscape and causing ecological disaster as well. The most impacted areas are Kuzwera, Kultreh, Nagam, Hayathpora, Pallar, Watrihail in Budgam, Bijbehara area in Anantnag and Pattan area of Baramulla. The clay mining is done by an organised mafia under the garb of development. The Revenue Department officers like Deputy Commissioners, Sub Divisional Magistrates and Tehsildars have been giving permissions for these acts under the garb of so-called Disposal Permits? The same permits were also used to loot our rivers and streams. With regard to protection of rivers and streams there are several laws but when it comes to protecting the Karewas there is no legislation. The key to destroying these special landforms lies with Revenue, and Geology & Mining Departments who keep issuing so-called permissions to excavate the clay from the Karewas in Kashmir.
Dr Veeri’s Pvt Members’ Bill
The Member of Legislative Assembly from Bijbehara Anantnag Dr Syed Bashir Veeri has come up with a private members’ bill for protection of Karewas from further destruction. This is the bill to regulate and curb destruction of Karewas by way of excavation of clay, sand, gravel and other material and to set up a Karewa Protection Authority-KPA. The Karewas have a great importance for agriculture and horticulture activities especially for saffron, almond and apple cultivation. Karewa land also plays a great role in environmental conservation as the plantations in Karewas act as biodiversity hubs; they are referred to as deemed forests. It is thus necessary to regulate mining activities in Karewas especially clay, sand, gravel excavation & to enforce strict penalties for violations, ensuring sustainable land management and halting setting up of new brick kilns in these areas.
Conclusion
I went through the draft bill on Karewa protection some weeks back and made some suggestions as well to Dr Bashir Veeri. As the time was very less, I could not consult more experts. Still I find this bill great. Similarly the bill moved by PDP MLA Waheed Ur Rehman is also pro-people when it comes to regulating and giving ownership of state-land to people who cultivate the same or are under its possession. In fact there are some laws that back Waheed’s Private Members’ Bill like Limitation Act 1963, plus the small land holdings in J&K is also a point of argument why these land parcels can’t be given to the people who are under its possession.
Dr Raja Muzaffar Bhat is an Acumen Fellow and Chairman / Founder of J&K RTI Movement
