Rajesh Gupta
Jammu, June 08: Once upon a time in noncompliance of WPPIL No. 20 of 2013, 19 of 2014, CPPIL 08 of 2016 by which stay on lands Gair Mumkin Khads was vacated & SRO-456 of 2017 dated 25th October, 2017 was notified by I&FC Department to clear the confusions but FCR/Revenue Secretary/ DCs/ Revenue Officers continued harassing innocents in noncompliance as did not clear the confusions.
J&K Water Resources (Regulation & Management) Act of 2010 was notified by I&FC Department, in which Section ZZC & ZZE reads regarding water source & water course but main issue was mentioned in its objectives that what for it was notified for water charges, formation of State Water Regulatory Authority & other related matters but Revenue Officers due to their incompetence & lack of knowledge by adopting “Pick & Choose” stopped issuing Revenue Papers of lands nomenclature as “Gair Mumkin Khad Lands” even of constructed buildings or near by left out plots raised a pointer towards their working & malafidies of FCR, Revenue Secretary, DC's & others, needed to be acted upon, otherwise Girdawaries are entered twice in a year & it was mandatory for Revenue Officers up to DC level as they were to accord test check on Girdawaries as per actual status, which was not done?
SRO-456 of 2017 was issued by Jal Shakti Department in compliance to DB's orders & in Section 5(2) reads to demarcate khads from actual khads & Div Com/DC’s along with Chief Engineer, I&FC were appointed as adjudicating to remove the confusion between Gair Mumkin Khad Lands & actual Khads but all offices of Div Com/DCs/CE preferred to sleep over.
Then DC Jammu, Sushma Chouhan with accurate Laws/Acts vide No. ADC/ADM/PS/19-20/1780-81 dated: 07.01.2020 recommended 20 cases to FCR with complete NOC’s from I&FC & Revenue along with Google map of spots on a devised Performa by her office but FCR as usual preferred to sleep over the issue without his jurisdiction because SRO 456 empowered Div Com/DCs as adjudicating Officers but after the intervention of Grievance Cell he forwarded the cases to the same man to Pr. Secretary Revenue after 5 months 11 days vide letter no. Misc-288/2020 dated: 19.06.2020 & thereafter till today DC Office is awaiting its disposal.
In the meanwhile MHA vide SO No. 3808 dated: 26th October, 2020 repealed all Revenue Acts in J&K & Sec 11 A was added for Municipal areas, wherein it stands that no Revenue Laws shall be applicable on Master Plan Areas because Master Plan it self clarified the distance of “No Construction Zones” from left & right of Rivers, Canals & Khads etc etc but despite that Revenue Officers prefer to close their eyes.
Above all one & only one of the competent then DC Jammu, Anshul Garg vide No. DCJ/SQ/GMKhad/2021-22/1671-72 dtd. 06.07.2021 clearly communicated to Div Com Jammu with copy to FCR with the observations that “Neither there was any ban on “Gair Mumkin Khad Lands” nomenclature nor there is any ban questioned by MHA’s SO-3808 E of 2020 issued by MHA by which various Revenue Laws were repealed but neither FCR nor Div com bothered to Act on the recommendations of Anshul Garg then DC Jammu.
The said act of top Revenue Officers by stopping sale/purchase of such nomenclature lands even in thickly populated area without any order from any of the authorities has caused loss of crore to Govt Exchequer to hindered of crore per month by way of Stamp Duty Fee & other taxes.
However, Administrative Council headed by LG approved a Decision No 17/1/2022 dtd 29th Jan 2022 by which DCs were directed to resolve the issue of Gair Mumkin Khad Lands in 03 months but that 03 months never ended. Thereafter, just inspite of taking actions for noncompliance by LG, he approved another AC’s Decision dtd. 25th July 2025 by which DCs were authorized to clear such lands up to 200 Kanals but none of the DC bothered.
Thereafter, CM Omar Abdullah, vide GO dtd 15th September 2025 constituted a high powered committee of DyCM, Jal Shakti & Agriculture Minister to submit report over the issue in 03 months but 08 months 20 days are over.
Now, J&K Government issued a public notice for submissions of suggestions and objections within 10 days.
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