SRINAGAR: A local court in Chadoora area of Central Kashmir’s Budgam district has mandated the convening of a Maha Gram Sabha to resolve disputes over grazing rights affecting local populations in Branwar, Neegu, Jabbad, and neighboring villages of Budgam district.
This directive aligns with the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Rights) Act, commonly known as the Forest Rights Act 2006 (FRA).
The court’s decision follows a series of delays in holding the Gram Sabha, which was previously ordered but never convened.
On July 25, 2024, Sub Judge Chadoora, Mir Wajahat, ruled that the defendants could continue to use 12 designated pasturelands within the Doodh Ganga forest range in Budgam until a final determination is made by the Gram Sabha. The ruling was issued in the case titled Ghulam Mohammad Jahara v/s Ghulam Qadir Thekrey and others.
The court’s order emphasized that an expert lawyer, designated by the court, should oversee the Maha Gram Sabha, which must involve all relevant departmental heads and adhere to the guidelines set by the Supreme Court of India.
The order states: “Until the Maha Gram Sabha is conducted, any individual enjoying rights recognized by the Forest Department shall continue to do so without interference. The Maha Gram Sabha will deliberate and decide on the rights and preferences regarding this land to avoid disputes pending the decision by the Gram Sabha.” The defendants are permitted to use the pasturelands in question, provided such use is legally sanctioned.
The dispute centers around the Chaskani Nad meadow, a 20,000-kanal expanse located in the Doodh Ganga forest range of the Pir Panjal forest division.
Plaintiffs Ghulam Mohammad Jahara alias Chowdhary and others claim rights to this land, while the defendants, including Ghulam Qadir Thekrey, allege that Jahara has unlawfully seized control of the meadows and is profiting by charging Bakarwals from Rajouri and Poonch for grazing rights, leaving local Gujjar and other pastoral communities without access.
Previously, the court had issued orders for the Gram Sabha to resolve the matter, in line with the FRA, which designates the Gram Sabha as the ultimate authority for adjudicating local claims.
The Gram Sabha comprises the adult residents of the village, and a quorum of 50 per cent is required for decisions related to the FRA.
In the latest development, Saifudin Jahara, a plaintiff’s brother, and Abul Rashid Jahara Hangdar requested the DC Budgam to postpone the Gram Sabha initially scheduled for July 1, 2024.
This led to a postponement, and since then, the Gram Sabha, also known as Deh Majlis, has not taken place.
Concerns have been raised that some current members of the Forest Rights Committees (FRCs) were not elected by the Gram Sabha, raising doubts about their legitimacy.
Advocates suggest that more educated and democratic appointments should be made to these committees.
