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| Petition challenging FC Revenue’s order declared invalid | | Alienation of land granted under State Water Policy | | Early Times Report
JAMMU, Nov 19: In a petition challenging communication/order issued by office of Financial Commissioner (Revenue) bearing number LS/Misc-288/2020 dated 22.10.2020 regarding ‘Grant of permission for alienation of land recorded as Gair Mumkin IChad’ whereby all the permissions for alienation of lands granted under the state water policy and plan adopted vide SRO 456 dated 25.10.2017 and the consequent transactions were declared invalid and void ab initio and it was further directed that no transactions for alienation of such lands shall ever be admitted for registration.
Justice Sindhu Sharma of High Court after hearing Advocate Sakal Bhushan with Rahul Sharma grants four weeks’ time to file objections. Court further ordered that in case the objections are not filed, the matter will be considered on merits of the case. Advocate Sakal submitted that the communication/order is based upon an opinion of Senior Additional Advocate General dated 28-7-2020 as stated therein itself.
The said opinion is in turn based upon the wrong understanding of the provisions of the J&K Big Landed Estates Abolition Act, Svt. 2007 (1950 AD), hereinafter referred to as “BLEA”). What has been ignored is the fact that Section 3 of the BLEA itself had stated that the said Act will not apply to ‘any land which is occupied as site of a town or village and is not assessed to land revenue.
During the course of hearing Advocate Sakal submitted that “as a matter of fact, many colonies of Jammu Development Authority, J&K Housing Board and private colonizers have been built on the lands recorded as khads e.g., Roop Nagar, Bantaiab, Birpur, Chhani Himrnat, Sainik Colony, Greater Kailash, etc. The communication/order dated 22-10-2020 issued by the office of the Financial Commissioner (Revenue) has cast cloud on the status of all these lands and caused a lot of panic amongst the people of J&K as it has the effect of disturbing the economy of the people who cannot alienate their lands now and the banks which cannot effectively enforce securities like mortgages created in their favour, besides adversely affecting the petitioner herein by nullifying the permission for alienation of his land granted vide its letter dated 7-6-2018 by the office of the Deputy Commissioner Jammu. |
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