Original Amarnath Pilgrim Land transfer Order
Government Order No 104 - FST of 2008 DATED 26-05-2008
Sanction is accorded to the diversion of forest land measuring 39.88 hectares falling under the compartment No 63a/Singh in Block Kullan, Range Sindh, Sindh Forest Division for raising pre-fabricated structures only for camping purposes of pilgrims, without going in for construction of permanent structures, at Baltal and Donnail by Shri Amarnathji Shrine Board on the following terms and conditions.
1: The proprietary status of forest land shall remain unchanged.
2: The forest land so diverted shall be utilised only for the purpose for which it has been diverted. It shall not be transferred to any other agency without approval of the Forest Department.
3: The forest land so diverted shall not be mortgaged, reassigned or sub-leased by user agency in any manner whatsoever to any other agency.
4: The User Agency shall pay net present value of the forest land to the tune of Rs 2,31,30,400/- (Rs Two crore thirty one lakh thirty thousand four hundred only) as calculated by the concerned DFO as per Hon'ble Supreme Court Order dated 30.10.2002 in IA No 566 in Writ Petition (Civil) No 202 of 1995 T N Godavarman Thirumalpad V/S Union of India.
5: The User Agency shall pay Rs 19,94,000/- (Rs Nineteen lakh ninety four thousand only) on account of Compensatory Afforestation to be carried over 79.76 hectares.
6: The User Agency shall take foolproof measures on modern scientific lines to ensure that water of nearby Sindh Nallah does not get polluted.
7: Any damage done to the forest by the user agency or its employees and contractors of people employed by them shall be charged from the user agency at the rate of ten times the standard rate of 1992.
8: The forest land so diverted shall return to the Forest Department free of any encumbrances when it is no longer required by the User Agency.
9: The User Agency shall construct complete retaining/breast walls on the both sides of the road/railway line/earth work/tunnelling etc. and take other necessary steps so as to minimise soil erosion/land slips. In this regard, the user agency shall seek technical guidance from Director, Soil Conservation Department of J&K.
10: The User Agency shall also pay any other amount which will become payable as per the orders of the Hon'ble Supreme Court or Government/Forest Department, J&K.
11: The User Agency shall be responsible to get requisite clearance under any other relevant law in vogue.
12: The User Agency shall submit an undertaking that in case of any upward revision of rates of Net Present Value the User Agency will pay the amount of differential Net Present Value.
13: Possession of Forest land diverted for non-forestry purpose under the orders of the competent authority should be handed over to the User Agency till all payments due against Compensation of trees, NPV/Compensation forest land, Compensatory Afforestation costs etc. are not deposited with Chief Accounts Officer in the office of the PCCF. Before handling over the possession of the Forest land, it should be further ensured that there are no outstanding dues with the said User Agency in respect of the cases sanctioned in the past.
14: The User Agency shall take all possible environmental safeguards in consultation with the State Pollution Control Board prior to erection of the pre-fabricated structures and their use by the pilgrims to ensure that no damage is caused to the ecology of the area.
The proposal stands cleared/approved by the Advisory Committee in its 39th meeting held under the Chairmanship of the Chief Secretary on 12th July, 2007.
By order of the Government of Jammu and Kashmir.
Principal Secretary to Government
NO- FST/Land/41/2007 Dated: 26-05-2008
Citizens of India and "liberals" need to take a hard look at the above GO and decide who is playing games