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Activists protest, delay in construction for Jammu’s New High Court Complex in Raika

Almost one year after the foundation stone was laid for the construction of a new high court complex in Raika Forest-Jammu

By Wahid Bhat 03 Apr 2024

New Update

Almost one year after the foundation stone was laid for the construction of a new high court complex in Raika Forest-Jammu, by Chief Justice of India D.Y. Chandrachud, the construction is yet to start. According to the letter submitted to the Chief Justice of India, by a climate activism organisation, the funds have not been allocated as well. The Jammu Climate Front sees this as a victory of their relentless protest against the construction and felling of more than 38,000 trees.

However, Anmol Ohri – leader of the Climate Front, Jammu– doesn’t want to be complacent. He wants to keep pushing against the project through legal remedies.

Despite approvals from the forest department, the development poses a risk to the area’s rich biodiversity, including species such as the rock pigeon, Asian koel, barn owl, red-vented bulbul, jackal, wild boar, and rhesus monkey. Despite the ecological significance of the area, often referred to as the ‘lungs of Jammu,’ the administration has moved forward with the plans for the court complex. Meanwhile, a go-ahead was given to the project, which is in total violation of the J&K Forest Act.

The interesting thing to note here current building, Janipur, Jammu, of the High Court was shifted in 1994. Before this, the Jammu bench was located in the Mubarak Mandi complex. So, within less than 30 years there is a need for another High Court Complex. While, the Janipur court complex appears to have sufficient room for expansion, as reported by Daily Excelsior.

On this Anmol Ohri mentions,

“The current building was also built after cutting trees. Now this new complex will also lead to the felling of 38,000 trees… where does this all end?”

Activists protest, delay in construction for Jammu’s New High Court Complex in Raika

How did we reach here?

The initial proposal for land acquisition was presented by the Department of Law, Justice, and Parliamentary Affairs of the J&K administration to the Forest Department on October 11, 2019. They requested forest land measuring 813 kanals and 19 marlas at Bahu and Raika villages, Jammu, for relocating the J&K High Court's judicial infrastructure. The proposal received approval from the State Administrative Council (SAC) led by then-Governor Satya Pal Malik, with the condition that the number of trees to be felled should be limited to 3,000.

The proposed site is within the eco-sensitive zone of Ramnagar Wildlife Sanctuary, situated 3.75 kilometres away. However, the allocation of 40.65 hectares for development violates the J&K Forest Conservation Act, 1997, which allows exceptions for land use up to 5 hectares.

The proposal was expedited for clearance and swiftly passed through multiple departments within four days. Importantly, this approval occurred just before the enactment of the Jammu and Kashmir Reorganisation Act, 2019. This took effect on October 31, replacing the J&K Forest Act, of 1997, with the Indian Forest Act, of 1927.

The new high court complex will be constructed on 40 hectares of land and will be the most modern high court complex in the country. The new design features 35 courtrooms, expanding from the current seven. Additionally, it will include chambers capable of accommodating 1000 lawyers, with provisions for future scaling to meet increasing demands. However, the clearance is expected to disrupt the local ecosystem, elevate flood risks, and contribute to rising temperatures. Official reports state that approximately 22 tribal families will be displaced by this project, although climate activists contend that the actual number affected is much greater.

Anmol said,

"The numbering of trees in the Raika forest has been manipulated cleverly, and our investigation revealed significant discrepancies in the reported tree numbers. This discovery shed light on the rushed environmental clearance process during a transitional period, between August 5, 2019, and October 4, 2019. Within a short span, the approval process swiftly moved from the Forest Department to other departments, highlighting procedural flaws."

Anmol adds there are provisions to make residential complexes and buildings for recreational activities. Furthermore, a helipad is also mentioned in the DPR (Detailed Project Report), available to Groundreport. As per our sources, there is a change in the DPR now.

Threats to Raika Forest Biodiversity, and indigenous community

“Deforestation invariably affects the environment, climate, and heatwaves on a global scale. The Bahu Conservation Reserve and Ramnagar Wildlife Sanctuary serve as vital lifelines for Jammu city,” Dr CM Seth, a former senior IFS officer and noted environmentalist told Ground Report. He further adds, “These areas are critical catchment zones for the Tawi River, indispensable for Jammu’s populace. The depletion of water in the River Tawi and the concerns surrounding the proposed Artificial Tawi lake point to potential ecological damage,” he explained.

As per Dr Seth, this would impact over 16 lakh residents, directly or indirectly.

The forest area is located on the outskirts of Jammu city and is part of the Bahu Conservation Reserve and a plantation maintained by the Soil and Water Conservation Department. The Raika-Bahu forest, nestled within the reserve and alongside the Tawi River, provides a habitat for wildlife and sustains the local Gujjar community, who depend on the land for grazing goats, cows, and buffaloes.

An examination of the documents by the Logical Indian has shown that while the report meets its requirements in listing some of the faunal species inhabiting the area as ‘least concern’ according to the IUCN Red List, it notably omits any mention of the Gujjar-Bakarwal nomadic tribes people who also reside on the land.

Jammu Development Authority had alternate land

According to reports, the Jammu Development Authority (JDA) stated in an official statement that it possessed 80,000 kanals of available land; however, the administration still needs to approach them.

An official source claimed,

“JDA had huge chunks of land available which could have been used for high court shifting purposes but was not approached. Meanwhile, a go-ahead was given to the project which is in total violation of the J&K Forest Act.”

Satyam Arora, one of the petitioners in the NGT case against the high court construction, told Ground Report that in 2019, officials of the Jammu Development Authority (JDA) claimed they had over 80,000 kanals (nearly 4,000 hectares) and were confused as to why they were not approached by the law department or the administration.

Anmol Ohri, Founding Director of Climate Front India, further added,

"The Jammu Development Authority (JDA), which has the largest land bank, claims that they don't have any other land available despite having significant land resources. This raises questions about the need to clear forest land for projects like the new High Court campus. The current High Court occupies only 576 kanals, with the remaining lands converted into parks and parking lots. The environmental impact of such rapid urbanization and forest clearance is a major concern, highlighting the lack of priority given to environmental considerations in large-scale development projects.”

Legal Challenge, Legal Community, and climate activism

In 2020, two law graduates– Aavin Kumar Chadgal and Satyam Arora– filed a legal challenge, in the National Green Tribunal (NGT).

Current Jammu High Court complex in Janipur

Satyam Arora told Ground Report,

“The primary cause for the dismissal of the petition in the National Green Tribunal was the absence of backing from other parties. Their lack of interest was a significant factor leading to the dismissal. The support we anticipated was not forthcoming, which set this case apart from others”.

The relocation of the Jammu High Court from its current location in Janipur to Raika has been met with resistance from various members of the Bar Association Jammu. They argue that this move will disrupt their professional activities. In response last year, the Jammu and Kashmir High Court Bar Association formed a 34-member advisory committee to devise a plan to voice their concerns against the relocation.

When contacted, the Vice President of the Jammu Bar Association, Amit Kumar, stated that he is busy in court and cannot talk right now. The story will be updated once he responds to our questions.

For years, young activists and several NGOs have united under the umbrella of 'Volunteers of Friends of Raika' to oppose a particular project. They have utilized various methods to express their dissent, including distributing pamphlets, creating graffiti, and organizing demonstrations.

Anmol Ohri (26), highlighted Climate Front's persistent advocacy through awareness campaigns and on-the-ground protests.

"We understand what our future will be like if we do not save this forest, and we are trying to check and pinpoint the issues. Last year, a leopard entered Jammu city, an urban area, a high VIP area, which means a watch area. There's a chance of increasing man-animal conflict, then you will destroy biodiversity, and gradually, in this region, there will be large-scale soil erosion when concretization and urbanization happen, then where will the water go? And already, the water level in our Jammu Tawi is causing many problems" Anmol added.

Tawi river bank, Jammu | Photo: Bluesir9/Wikimedia commons

What do we gain, what do we lose?

Anmol mentions, “The air in the Raika side area of Jammu brings cool winds, so the significant temperature difference will worsen the impact of heatwaves across the country, as already reported by IPCC.”

Last year in March, Jammu experienced unprecedented heat. The temperatures soared to 37.3°C, surpassing a record set in 1945. The ongoing deforestation in the Raika forest could exacerbate the already escalating temperatures in the region.

After cutting more than 38,000 trees, we’d gain a high-tech state-of-the-art high court complex in Jammu. While the city outside would be facing hot summers and extreme weather events.

“The local wildlife will also face severe consequences. We must protect these forests, a duty that extends to the judiciary as well,” Dr. Seth added, calling for collective action to safeguard the region’s natural heritage.