Judgment of the National Green Tribunal regarding houses developing cracks in a village in Doda district, Jammu & Kashmir, 15/03/2024
Judgment of the National Green Tribunal in the matter of In re: News item published in Newspaper ‘The Hindu’ dated 04.02.2023 titled “19 families shifted after houses in J & K village develop cracks”.
The application was registered taking suo-moto cognizance of a newspaper report published in the newspaper ‘The Hindu’, February 4, 2023 under the title “19 families shifted after houses in J & K village develop cracks”. Report stated that 21 structures developed large cracks due to the sinking surface in Doda district of Chenab valley, situated on the slopes with the Chenab river nearby.
The NGT, March 15, 2024 observed that constructions have been made by certain persons on a land which was earlier marked as Shamlat land (village pasture land) - though the area ceased to be a part of village as it had come within the jurisdiction of Thathri municipality in 2014. It is true that the land did not belong to the occupants who raised their residential houses over the land in question but the fact remains that this could happen due to ignorance or deliberate or passive permission of the authorities concerned who were responsible for looking after the said land and to ensure that no person unauthorizedly or illegally occupy the same.
"We are not approving the unauthorized or illegal possession obtained by the affected persons but the fact remains that they could raise constructions of their residential structure on account of the lack of discharge of duties and responsibilities by the State Authorities", the bench of justice said. Further, on account of the slipping of land/slope, which situation has arisen due to omission on the part of state authorities, soil has slipped causing damage to structures of individual poor people and their structures have suffered due to man-made crisis.
The fact remains that by raising construction on the land in question without proper examination with respect to geotechnical assessment such as soil bearing test etc., ecological damage has been caused, which has resulted in the soil slipping and damage to the residential structures of the affected persons.
Taking into consideration the above facts, the NGT directed the constitution of a joint committee comprising District Magistrate, Doda, Environmental Engineer, PWD, representative of Municipality Thathari and any such person who is found necessary for compliance of the order by the committee to be included therein, to assess the quantum of damage suffered by the persons whose residential structures have suffered cracks/damage and, thereafter, award 50 per cent (since the state has also admitted that some part of the fault also lies with the affected parties meaning thereby a case of contributory negligence has been pleaded) of the amount assessed as compensation, to the affected persons. District Magistrate, Doda shall be the nodal agency for coordination and compliance.
The Joint Committee should make the assessment, as directed above, within three months and, thereafter, payment of compensation as directed above, shall be made within two months thereafter.