Jammu), January-04-2023-( JNF):- The High Court of J&K and Ladakh at Jammu, bench comprising of Justice Javed Iqbal Wani has in a writ petition filed by several farmers of Jammu through Mr Aseem Sawhney Advocate, after hearing the Advocate for the farmers, directed to keep in abeyance the notices dated 12.11.2022 directing recovery of “aabiyna”.
The petitioners Girdhari Lal Sharma, Gopal Dass Sharma, Sarwan Singh , Sandeep Singh Saini, Jai Singh, Sanjay Sharma, Gurdeep Singh, Isher Dass, Angrez Singh, Balbinder Singh, Chaman Lal, Babu Ram, Ajeet Singh, Balbir Singh, Darshan Lal, Harvinder Singh, Jatinder Singh and Mahesh Kumar Sharma have filed a writ petition in the High Court against Union Territory of J&K through Principal Secretary/ACS Finance, Commissioner/Secretary, Director Finance Jal Shakti Department, Chief Engineer , Irrigation & FC, Jal Shakti, Civil Engineer, Ravi-Tawi Irrigation, Zilladar Irrigation Muthi, Jammu wherein they have sought to adhere to the Budget Capex Decision 2015 followed by communications no. PW/Hyd/Accts/BA/2015-16 dated 15.10.2015 and not to charge “Aabyana” from the petitioners, to issue a writ of certiorari quashing the impugned communication communication no. JSD-Acco 03/3/2021-Accts-PHE, I&FC dated 22.6.2022 alongwith the Notice no. 595-98 dated 12.11.2022 issued by respondents No. 3 and 6 to Numberdars of the villages, demanding payment of Aabyana from the petitioners/ farmers.
Advocate Aseem Sawhney with Manzar Muneer and Rahoof Khan Advocates submitted that they are villagers of the Village Dei Chak falling District Jammu and are farmers and the Govt of J&K’s department of Irrigation & Flood Control supplies water through water canals / channels/ distributies to the villages/ lands of the petitioners for the farming / cultivation purposes. For these water irrigation facilities the Govt used to impose water tax called “Aabyana” from the villagers, however in the year 2015, precisely on 22nd March 2015, the Govt of J&K in its budget presentation had categorically abolished ‘Aabaya” and the same was announced by the the Finance Minister of J&K on the Floor of the House(s) of the legislature of J&K which is recorded in the Assembly / Legislative council proceedings, where in the para 84 it was clearly mentioned that the Govt proposes to abolish Aabiyana .The Govt decision was followed by official orders and communications bearing number PW/Hyd/Accts/BA/2015-16 dated 15.10.2015 stating that from 2015 onwards the same shall not be charged however the previous is to be recovered.The Govt decision was welcomed by the farmers across the J&K State (erstwhile) and from that date till now the Govt did not charge/ demand the aabiyana” from any of the petitioners or similarly situated farmers. Such an exercise was never undertaken by the respondents thereafter from 2015 Rabbi.
Now suddenly the petitioners through Village Numberdars have received a Notice of the Zilladar Irrigation / respondent no. 6 demanding aabiyana from 2015 onwards. They are being levied with Aabiyana from 2015 which means from last 8 years and the same is absolutely harsh, punitive and arbitrary. Any recovery of the aabiyana for which the Govt itself on the floor of the house had announced abolition is illegal and unconstitutional and thus the same is required to be quashed submitted Adv Aseem Sawhney before the Court.JNF