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| HC paves way for registrations, sale of Gair Mumkin Khad lands | | | Early Times Report
JAMMU, May 10: Justice Rajnesh Oswal of Jammu & Kasshmir and Ladakh High Court in a significant order decided the writ petitions pertaining to Gair Mumkin Khad lands wherein the two petitioners Ravinder Kumar Gupta and Rajat Jandial in one writ petition Uttam Singh in another writ petition had challenged the order of the FCR bearing no. FC-LS/MISC-288/2020 dated 22-10-2020 whereby the issuance of Card Inthhekhabs, Sale Deeds, Gifts, Lease, mortgage deeds registration of these lands were stopped, this order was challenged through Aseem Kumar Sawhney Advocate for Ravinder Kumar Gupta and another and Sakaal Bushan in Uttam Singh’s writ petition.
Justice Oswal observed that the dispute in the present petition is with regard to the order No. FC- LS/MISC-288/2020 dated 22.10.2020 issued by the respondent No. 2. “Reply has been filed by the respondents, in which it has been stated that pursuant to the judgment of Division Bench dated 12-2-2016, the government issued SRO No. 456 dated 25-10-2017 in exercise of the powers conferred under Section 4 of Jammu and Kashmir Water Resources (Regulation and Management) Act, 2010, by virtue of which Government adopted State Water Policy.
It was also stated that based upon the decision dated 29-1-2022 of the Administrative Council, the government issued order dated 4-2-2022 and for compliance of SRO-456 in terms of clause 5.2, accorded sanction to the constitution of a three tier committee for delineation and demarcation of the land which do not form part of any water course/source but have been recorded as Gair Mumkin Khad, Gair Mumkin Darya, Gair Mumkin Nallah, etc. in the revenue records.
In order to demonstrate that the water policy has been given effect on ground as well, the respondents have produced the order dated 14.03.2022 for District Kathua. Similarly, so far as district Jammu is concerned, from the perusal of the order dated 4-2-2022, it is revealed that the time limit for demarcation of water source/course has been fixed for three months. The only contention of the petitioner is with regard to the order impugned dated 22-10-2020, issued by the Financial Commissioner Revenue-respondent No. 2” the High Court observed.
It may be mentioned that Sawhney in his pleadings had submitted that petitioners were assailing the impugned communication/order issued by respondent no 8/ Office of the Financial Commissioner Revenue bearing no.-LS/Misc-288/2020 dated 22-10-2020 regarding Gair Mumkin Khad Lands which is illegal, arbitrary, erroneous, without jurisdiction and contrary to the Judgment/ Orders of the High Court and government orders and State Water Policy of J&K.
As a matter of fact, there is a land terminology in J&K Revenue records used since age old times, called the “Gair Mumkin Khad” land. These lands were uncultivable lands and were sold and purchased without any hindrance till 2014. Many colonies of JDA and private colonies of Jammu have been built on the lands recorded as Gair Mumkin Khad lands like Sainik Colony, Greater Kailash, Roop Nagar, Bantalab, Birpur JDA colon etc. It was submitted that the J&K legislature passed a law called the J&K Water Resources Act 2010, where in the definitions the water course was defined and “Khad” was mentioned as a place where water flows seasonally and perennially.
It needs to be mentioned that even the JDA has built and is building colonies in Roop Nagar, Channi Himmat, Kot Bhalwal, Birpur are all on Gair Mumkin Khad Lands. All conies like Sainik Colony, Channi Himmat, Channi Kamala, Channi Beeja, Greater Kailash, Sunjuwan etc are also Gair Mumkin Khad lands. The people have purchased the plots and now with this impugned communication issued by the respondent no. 3 and 8 - FCR Office J&K the people have lost their right to alienate, right to obtain bank loans etc over their these properties, thus even the mortgage deeds by banks have become nil and void, the sale deeds have become null and void and if that is the position the stamp papers worth crores spend by the people will have to be returned to the people, thus the adding insult to injury and creating litigation for the government. |
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