Land transfer: PDP puts Govt on notice, forgets its own role

The Principal Chief Conservator of Forests had said that “the uncontrolled flow of yatris will cause pollution which will have some impact on the wildlife if no mitigating measures are initiated by the shrine board authorities” and the area is a “habitat of the endangered brown bear, leopard and panther”.

The case was referred to Advisory Committee where the Chief Wildlife Warden rejected the observations, calling it “overcautious and environmentally conservative approach”. Forest Minister Qazi Afzal, a senior PDP leader, did not object to the Chief Wildlife Warden’s decision.

What’s more, the General Adminsitration Department had thrice returned the Forest Ministry proposal for land diversion to the shrine board, seeking clarifications. Each time, the Forest ministry argued that the land diversion should go through. The cabinet, in fact, had deferred a decision on the land diversion proposal last February.

When contacted, Forest Minister Qazi Afzal told The Indian Express that he did not wish to speak on technicalities of the issue “because it involves the sentiments of the people now.”

After getting clearance from the Advisory Committee, the forest land diversion rain into another hurdle: a recent Supreme Court order had made it mandatory for such forest land diversion to go through the apex court before clearance.

The forests in J&K, however, are not governed by Central laws and the state has its own conservation laws. The Forest department decided to seek the opinion of the Law department, the Central Empowered Committee and the Advocate General.

The Law department advised the Forest department “to move an application before the Supreme Court and await clarification in the matter”. The empowered committee, however, said that the J&K government did not need to seek clarification from the Supreme Court. The issue was again sent for an opinion to the Law department which advised that the apex court be approached.

The J&K government then approached its Advocate General, Altaf Naik, who advised that there was no need to seek a clarification from the Supreme Court. Finally, the case was sent to Deputy Chief Minister Muzaffar Hussain Beig — he is also the Law Minister — for a final decision. Beig cleared the proposal, terming the Law department view of approaching the apex court “abundant caution” and agreed with the view that there was no need to approach the apex court.