Decision No. No.SIC/CO/Comp/58/2012/225

Transcription

1 Decision No. No.SIC/CO/Comp/58/2012/225 File No.SIC/CO/Comp/58/2012 Title: Shri Munier Hussain Poswal, State Vice President, All J&K Dodhi Banyara Association, Tehsil Poonch, R/o:Kadlabal, Dobjan, Hirpora, Shopian. V/S PIO, J&K Forest Department, Civil Secretariat. PIO, O/o Chief Conservator of Forests, Kashmir. PIO, O/o Chief Wildlife Warden, J&K This is a complaint filed by Shri Munier Hussain Poswal, State Vice President, All J&K Dodhi Banyara Association, Tehsil Poonch, R/o:Kadlabal, Dobjan, Hirpora, Shopian received in this Commission on against the PIO, Forest Department, Civil Secretariat. The brief facts of this complaint are that the complainant had filed a detailed application under Section 6 of the Act before the PIO seeking information on very important issues of protection of wildlife and disturbance of human habitat. This application was received by Commissioner/Secretary Forest Department, Civil Secretariat on 14/03/2012. The information sought by the complainant is reproduced as under: 1) The Government proposed to construct the wildlife sanctuary/national park at Heepora (wildlife), what was the necessity to construct the said wildlife park and sanctuary at the above said place. Whether there was any profit to the Government or the Government would suffer any loss out of it. 2.What was the date when the order for construction of wildlife sanctuary/national Park has been constructed, lfull facts and report in this regard may be given. 3.What was the area which

2 was to be covered from Pir Panchal area and what was the total area (in kanals). Nearby in Heerpora the people are cultivating potatoes on 700 kanals of land in Compartment No.6 (Forest land) and under what law they are cultivating forest land. Why the people of Heerpora villalge have not been restricted from cultivating potatos and other crops in 6-compartment (forest land). What is lthe justification in using the forest land for cultivation. Inc ase the people at Heerpora village have been allowed to use the forest land in compartment 6, who are the officers involved in allowing these people to use the forest land. Why? 4.In compartment RS-16 the forest land has been used by Kashmiri speaking people after destroying the Dhoks/Dubjan of nomadic people of Gujjars & Bakerwals and have constructed pacca shops in the form of a market, under whose orders these shops have been constructed.why these people have been given nod to construct these shops on forest land. Why these shops have not been dismantled till date and who are responsible offficers allowing them to construct the shops. How much money has been charged by allowing the people to construct the pacca cement shops. Was there any shortage of force to destroy these illegal shops. Full facts and report may be given. 5.The Wildlife Department and Forest Department asked the Assistant Commissioner Revenue (Collecor) to enquire into the matter. The Assembly Petition Committee ordered for issuance of new notification on 18 th dated for two months only so that the people may file their objections till 2 nd October, The people filed their objections before the ACS Shopian on The people have filed objections for construction of Wildlife sanctuary/national Park, Heerpora in compartment Nos. RB-6,7 & 8 so that the order for construction of the same is withdrawn. The file is still pending ACS Shopian. He has not written any reply to the Government. Neither any decision has been taken so far. Why the DFO Wioldlife, Shopian has undertaken fencing in compartment Nos. 7 & 8 forcibly in compartment and under whose orders. 6.The Government is uselessly incurring crores of rupees in the construction of wildlife sanctuary/national park in Heerpora and why. Are the concerned people in the garb of wildlife snactuary making money. In case no fencing is done in compartment nos. 6, 7 & 8, it will not harm the Government nor there is any benefit to the Government at all. Why huge sums in crores of rupees is being wasted un-necessarily by the Government. Why this money could not be used for the development of people. 7.. Why these people are dispossessed forcibly. What is the justification in disturbing the people when there is a sizeable population of people and their flocks in the area. There is no scope for the wildlife in the area. What is the policy of the Government on this issue and what sort of agreement the Government is going to entertain and what policy the Government is going to adopt for their rehabilitation. Detailed report in this regard is sought. 8.What is the number of people engaged as casual labourers or daily wagers of Heerpora Wildlife Sanctuary or in its adjoing area.the list of such boys/persons with parentage and residential address be given. How much wages/emoluments are given to these people and also give details under whose orders they have been engaged. In case there is absolute ban on inter-

3 District employment, why the people from Poonch & Rajouri have been engaged in the wildlife sanctuary, Heerpoora. Under whose orders and under what rule these appointments/engagements have been made, detailed report in this behalf is sought. 9. A detailed report be obtained from DFO Wild Liofe, Shopian why the innocent people are being harassed in compartment N0.7 & 8 every now and then. Why the fencing is being done forcibly. Why fencing in compartment RB-8 has been done near bridge (Dubjan, Kadlabal) and under whose orders this fencing has been done, when no loss is caused to the jungle there. The said fencing has been done in absence of the people and the passage of the people has been stopped when it is the main stop for the people and flocks. 10. The people after undertaking covering a long distance of 45 kms from Pir Panchal (Pushana) come to compartment No. 8 in order to take rest there and thereafter they start their further journey after stopping there for 2-3 days. The Wild Life Department is using fencing are harassing the people by stopping their passage. What was the necessity to fence the compartment N0. 8 when a large number of people are living there. Details about its fencing may be given and under whose orders this has been done. 11.When the people have filed their objections to the ACD, Shopian with respect to compartment Nos 6,7, & 8 why the decisions to withdraw has not been taken so far. How much time will require in withdrawing the ban on compartment No. 6,7, & 8 and also to withdraw the decision from constructing the Wild life Santuary/ National Park. Why the SRO has not been changed so far and when the same will be changed. Please give detailed report. 12. The affected people have approached many dignatories in order to withdraw the proposal for construction of Wild life Santuary/National Park at Heerpoora. The names/designations of such personalities are as under:- a) President of India. b) Vice president of India. c) Prime Minister of India. d) Law Minister of India. e) Tribal Minister of India. f) Home Minister of India. g) National Human Rights Commission. h) General Secretary, UNO. i) Chief Minister, J&K. j) Governor, J&K. k) Chief Secretary, J&K. l) State Human Rights Commission. The people of the Heerpoora have complained against the Wild Life Department before the personalities mentioned above with their problem. It clearly indicates that the wild life Department have caused untold misiries to the people of Heerpora, Shopian. Why the people are eing harassed by the wild life Department. Why no decision has not been taken so far and

4 who are the Ministers who are directly or indirectly involved in the matter. How much money has been grabbed in this scandle or how much is more to be grabbed. 13.In whole of state of J&K there are jungles and every type of wild animals are found in these jungles when there is no fencing to protect from the wild animals but there is fencing to save the jungles only. In the whole state only District Shopian is being fenced particularly in Dubjan Kadbal, Sarbal, and adjoining areas in order to harass the people what is the programme to dispossess the people from these areas. What wrong these people have done. Sometimes the authorities in the wildlife department. Forests National Park are taking different views and they forcibly dispossess these nomadic population out of theirdhoks, when the Gujjers and Bakerwals people of these area not looting the jungles nor are in the habit to sell the jungle lands but they only use the jungles for grazing purposes and also protect the jungles rather. Why there is ban on movement of general population used to provide milk, fodder and water to these animals and without protection how these wild life animals would survive. What sort of benefit these wildlife will get and in case no fencing is done is there any danger to the wild life when the Gujjer/Bakerwals their flocks and wild life having been livingsince centuries without fencing and there was no loss to any person or the wild life. Where the wild life sanctuary and National park is going to be constructed the wild animals are not available there at all. What is the total number of wild life animals/category in these area. Is there any proof that wild life animals are available there. When the authorities have no knowledge why the wild life sanctuary is going to be constructed. Please give full facts and report. Both the parties attended and were heard. The PIO, Forest Department, Civil Secretariat Shri Ved Prakash, Under Secretary stated that the then PIO/Dy. Secretary, of the Public Authority forwarded the application to PIOs of Chief Conservator of Forests, Kashmir and Chief Wildlife Warden, J&K, Srinagar on 15/3/2012 as the information sought by the information seeker was in their possession. The forwarding has been done in accordance with the provisions of the Act which is appreciated. The reply to the application by the PIOs was to be given as expeditiously as possible by the PIO, but not beyond 30 days. The Divisional Forest Officer (T), Shopian responded to the part of application pertaining to him vide his letter dated: , which is late by 57 days. Therefore, he has attracted provisions of Section 17 for being penalized. Hence, penalty proceedings are initiated against the present PIO as well as the then PIO of Forest (T) Division Shopian and they are directed to explain the reasons for not imposing penalty on them under the Act for their default in providing the information on time to the information seeker. Their explanation should reach this Commission within 15 days from the date of receipt of this order. The balance information on the queries raised by the complainant in his RTI application was to be given by the PIO, Wildlife Division Shopian.

5 Till the date the complaint was filed in this Commission by Sh. Munier Hussain Poswal, the complainant, no order was passed by PIO/DFO Forest Division (T) Shopian and PIO/WLW, Wildlife Division Shopian. The so called order passed by Wildlife Warden Shopian dated has not so far been received by information seeker. Hence it is deemed to have been passed today i.e A copy of same is handed over to the complainant. He is advised to go through this document and if not satisfied, he should use his right to prefer 1 st appeal before the 1 st appellate authority of the same public authority. Shri Imtiyaz Sohail, Wildlife Warden Shopian is directed to explain why penalty under Section 17 of the Act may not be imposed on him for not passin order within 30 days from the receipt of application having been forwarded by the Dy. Secretary/PIO, Forest Department, Civil Secretariat. His explanation, if any, must reach this Commission within 30 days from the date of receipt of this order. Sd/- ( G. R. Sufi ) Chief Information Commissioner, J&K Copy to: 1/- PIO, J&K Forest Department, Civil Secretariat. 2/- PIO, O/o Chief Conservator of Forests, Kashmir. 3/- PIO, O/o Chief Wildlife Warden, J&K. 4/- Shri Munier Hussain Poswal, State Vice President, All J&K Dodhi Banyara Association, Tehsil Poonch, R/o:Kadlabal, Dobjan, Hirpora, Shopian. 5 Guard File. (Atta-ur-Rehman Natnoo) Registrar General, State Information Commission, J&K.