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Jun 27, 2023

J&K: Protests Intensify Against the New High Court Building Set to Come Up on Raika Forest Land

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Described as the 'lungs of Jammu', Raika Forest is a home to several plant and animal species, and also to Adivasi communities. Lawyers and climate activists locally have been staging demonstrations for weeks now to resist the project.
A protest against the decision to construct new building for Jammu and Kashmir high court inside Raika Forest. Photo: Special arrangement.
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Jammu: With the construction work set to begin soon for the new high court building of Jammu and Kashmir on Raika forest land, climate activists have intensified their agitation to oppose the project. They say the project will result in the felling of around 38,000 trees, causing irrevocable damage to the ecology locally.

Chief Justice of India D.Y. Chandrachud is expected to lay the foundation stone for the new building on June 28, sources said. Set to come up at an estimated cost of Rs 938 crore, the new high court complex will be equipped with modern facilities.

For over a week now, a group of young activists along with a number of NGOs have come together under the banner of ‘Volunteers of Friends of Raika’ to protest against the project. They have been employing various tools to voice their opposition. On Sunday, June 25, activists demonstrated at Jammu’s Bahu Plaza, by distributing pamphlets, through graffiti, and by other means. Climate activists from across the country have also demonstrated in their own cities by taking out solidarity rallies.

Speaking to The Wire, Ritambra Khajuria (26), a senior coordinator of Climate Front Jammu, said “Man’s attempt to play with nature is costing us an unfortunate price. Tree felling has begun in Raika forest to make way for the high court building. Climate Front has been campaigning on this issue for a long time now, by means of spreading the word and on-ground protests.”

Climate activists stage protest against the new building for J&K high court inside Raika Forest. Photo: Special arrangement.

Khajuria further said the project will endanger the lives of many Adivasis and people relying on the forest to feed their cattle, and also pose a threat to several species of flora and fauna. “Today, around 38,006 trees are on the verge of being cut at Raika forest in Jammu. Around 150 plant species – including Phullai, Shisham, Jamun, Khair, Babul, Dhaman, Siris, chir pine, Pansar, and Katari – are in danger. Raika is home to Adivasi communities and thousands of plant and animal species. Raika cannot speak for itself, but we can. We will fight for Raika and protect it.”

Shifting the high court to Raika is being considered an important step in the process of reforming the judicial structure in Jammu and Kashmir. Several committees, formed under the supervision of Registrar General High Court and Principal Secretary (Chief Justice), have been working round the clock to ensure all decks are cleared for the foundation stone laying ceremony. Officials in the know of things said the new court complex will be “one of the best” high courts in the country, with 35 courtrooms and provision to extend them further to 70 courtrooms later.

The complex has been designed by famous architect Guneet Singh Chauhan who has designed many high courts, including Delhi high court, metro stations, and malls. The construction will be supervised by the high court judges through the Jammu and Kashmir Project Construction Corporation and the Public Works Department. The new building will have three auditoriums, an administrative block, a mediation centre, a medical centre, a computer center, a judges’ library, chambers for 1,000 lawyers, facilities for litigants, food courts, an archival section, among others.

An invitation to environmental disaster

Khajuria said the move with cause damage to the natural habitats of several species of peacocks, foxes, porcupines, rabbits, mongooses, wild pigs, musk deer, snakes, leopards, among others. Musk deer is, in fact, a designated ‘endangered animal’ by the International Union for Conservation of Nature. Due to the displacement of wildlife from Raika, Khajuria said, there will be an increase in human-animal conflict locally in the years to come.

“We are opposing this project because it will not just affect the wildlife, rare flora and fauna of Raika forest but will also directly impact one of the closest and largest carbon sinks around Jammu city. It will also adversely affect the local Gujjar community. Their lives and livelihoods are dependent on the forest, and the forest too depends on them. Sooner than later, the whole area will be urbanised, depriving us of the last remaining urban forest, or to be precise, the lungs of Jammu – Raika.

The forest department, on one side, restricts the user agency to not using the acquired land for residential purposes, however, on the other hand, the department gives its nod to such a project without asking the user agency to either amend or alter the proposal,” said Khajuria, adding that Climate Front Jammu has been raising awareness among people for over two years about the adverse effects of the upcoming project.

Talking to The Wire, young climate activist Anmol Ohori said, “We know that we are doing the right thing, by raising awareness about the upcoming project on Raika forest land. Despite heat waves and unpleasant weather over the past few days – again, a clear indication of the climate crisis – several have turned out to demonstrate against the project. We are doing our bit by raising awareness among the general public.”

He said that several people from different cities in India, including Mumbai, Hyderabad, Rajasthan, and Uganda came together on Sunday, June 25, to stand up for Raika, Tawi, and Sagars.

Solidarity protest demonstrations were held across various Indian cities. Photo: Special arrangement.

The administration in Jammu, the summer capital of Jammu and Kashmir, has directed higher-ups to clear 813 kanals of Raika forest land for a new court complex in Jammu. The move will result in environmental disasters, loss of the terrestrial ecosystem, an increase in floods, and a rise in temperatures as well. According to official figures, the project will force the eviction of around 22 tribal families. But local climate activists say that the number is much higher than that of the official figure.

Jammu registered a maximum temperature of 37.3 degrees Celsius on March 27 last year, breaking a 76-year-old record for March. Earlier, the highest temperature during a day was recorded at 37.2 degrees Celsius on March 31, 1945, according to the Indian Meteorological Department (IMD). Experts have raised concerns that the temperatures in summer will further go up in Jammu due to global warming, and the fact that Raika forest land is being cleared will only aggravate the situation.

The Volunteers of Friends of Raika has also written a letter to the Chief Justice of India, seeking his intervention to protect the Raika forest and also to address concerns surrounding the relocation of the high court.

A Jammu-based environmentalist Bhushan Parmo observed that one of the reasons for the rising temperature in Jammu City is deforestation. “Jammu city was once surrounded by a large number of trees and plants of Bahu Rakh of around 60 sq km. But, due to the negligent approach of the government, it has now reduced to just 6 sq km. This project will lead to the cutting of more than 40,000 trees, and 813 kanals of forest land will be cleared.”

“The displacement of wildlife will increase the human-animal conflict. Raika was declared as Bahu Conservation Reserve and Ramnagar Wildlife Sanctuary in 1981. This was solely done with a motive to protect and preserve the forest. A few years ago, the Jammu and Kashmir administration secured quick permission to develop a new court complex over 40 hectares of land inside Raika forest, which has been questioned by conservation activists, who described the forest as the lungs of Jammu,” Parimo added.

Mumbai-based young climate activist, Ziddan Castellino, who stands in solidarity with the agitation to protect Raika forest land, narrates the situation in his hometown due to climate change. “Mumbai is feeling the pain of climate change. Flash floods are submerging our city while heat waves won’t allow us to even step out of houses. Despite the fact that our government is being negligent about the environment, we must stand united in this fight. Therefore, I support the movement to protect Raika forest land,” said Castellino.

Lawyers at the forefront of resistance

The Jammu bench of the high court was located in the Mubarak Mandi complex in Jammu till the 1990s. In 1994, the high court complex was shifted to Janipur in Jammu. Besides the court, the Janipur court complex premises – which is spread over thousands of acres – also houses the district complex, advocate general’s office, judicial academy, and registrar’s office.

Lawyers stage a protest against the government’s decision to construct the new high court building for Jammu and Kashmir inside Raika Forest. Photo: Special arrangement.

Several members of the Bar Association Jammu have opposed the move saying that shifting the high court complex in Jammu from Janipur to Raika will greatly affect their work.

The Jammu and Kashmir High Court Bar Association, Jammu, has also constituted a 34-member advisory committee to strategise on how to articulate their opposition to the shifting of the high court. Members of the Bar said that if the current project is not stopped, they will resort to a massive agitation, and if required, they will stage a demonstration at Delhi’s Jantar Mantar.

The project is expected to complete in one and a half years from now. According to sources, all NOCs (No Objection Certificates) have already been obtained from the Department of Wildlife and Forests. The National Green Tribunal has also ruled in favour of the project.

Mubashir Naik is an independent journalist. He tweets at @sule_khaak.  

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