Jammu, September 27:It is a very serrious issue of an enquiry by the high powered committee to investigate the issue of non implementation of SRO 456 of October 2017 dated: 25th October 2017 in section 5(2) by the district administrations in J&K, which had been adopted pick & choose to issue permissions for issuance of fards in Gair Mumkin Khads as different Deputy Commissioners/ACR's took different views in same kind of issue.
Cross Town News is in possession of some permissions granted by Ex Deputy Commissioners by adopting procedure of pick & choose despite lot of cases lying in their office, which also openly speaks of vested considerations at some level.
Jammu & Kashmir High Court in a wrt petition No. 3315/2019 CM No. 6926/2019 over non imementation of SRO 4456 read in Section 5(2) filed by Lt. Col. (Rtd.) Anil Kumar Sharma vs State Of J&K And Others on 25 August, 2020 ordered as:-
01. Through the instant writ petition, petitioners are seeking a direction to respondent No.3- Deputy Commissioner, Jammu to grant permission in favour of the petitioners for issuance of Fard Intikhab in respect of the land measuring 10 Marlas and 02 Marlas respectively comprising Khasra No. 936 min and Khasra No. 713 min Khewat No. 1, Khata No. 1 and 32 situated at Village Deeli, Tehsil Jammu South District, Jammu as per the provisions of SRO 456 of 2017 dated 25.10.2017 without any further delay as there is no legal impediment in issuing the same and in the alternative they seek a direction to respondent No.3 to take a decision on the applications of the petitioners filed before him on 07.08.2018 seeking permission for the issuance of Fard Intikhab with respect to the aforesaid land.
02. The petitioner No, 1-Anil Kumar Sharma claims to be a retired Army Officer. He had purchased land measuring 10 marlas comprising of WP(C) No. 3315/2019 Khasra No. 936 min and Khasra No.713 min Khewat No.1, Khata No.1 situated at Village Deeli, Tehsil Jammu South District Jammu vide Sale Deed dated 25.10.2010 from one Manmohan Singh S/o Hardit Singh R/o Mohalla Narainan, Jammu.
03. Petitioner No. 2-Minnie Sharma has also purchased land measuring 5 Marlas and 4 Sirsai comprising under Khasra No.936 min, Khewat No. 1, Khata No.1 situated at Village Deeli, Tehsil and District Jammu vide Sale Deed dated 30.08.2011. 04.
The petitioners were put in possession of the aforesaid land and on the basis of the aforesaid two Sale Deeds, mutations were attested in their favour by the Revenue Authorities. In the year 2018, the petitioners intended to sell the land measuring 10 Marlas and 2 Marlas respectively.
It is stated that the kind of the land in ownership and possession of the petitioners is recorded as "Gair Mumkin Khad". It is further stated that as per clause 5.2 of SRO 456, for the sale of land recorded as Gair-mumkin Khad? permission is required for issuance of Fard Inikhab.
The Divisional Commissioner and the Deputy Commissioner have been appointed as adjudicating officers at respective levels to determine the issue of Khads, which form the part of water course and those Khads which do not form part of the water course.
The Irrigation & Flood Control and Revenue Departments were to take effective steps for demarcation/delineation of water courses and to notify the same.
05. As the petitioners intended to sell the land recorded as Khad they applied before respondent No.3, Deputy Commissioner, Jammu on 07.08.2018 for issuance of permission to issue Fard Intikhab/Shajra Tateema.
The respondent No. 3 vide communication dated 12.10.2018, forwarded the applications of the petitioners through Assistant Commissioner (Rev), Jammu to the Superintending Engineer Hydraulic Circle, Jammu and Tehsildar Jammu South to furnish report after on spot visit.
The Superintending Engineer Hydraulic Circle, Jammu got the issue verified by the field agency of Irrigation and Flood Control Division through the Executive Engineer Irrigation and Flood Control Division.
The Tehsildar Jammu South on 24.10.2018, also sought a report from the Naib Tehsildar concerned. The Tehsildar Jammu (south) submitted his report to the Assistant Commissioner (Revenue) Jammu.
It is stated that even after obtaining the reports, their applications which are pending since November, 2018 have not been decided by respondent No.3.
06. Learned counsel for the petitioners while arguing this matter submitted that he would be satisfied in case respondent No.3 is directed to dispose of the applications filed by the petitioners on 07.08.2018 in accordance with law, rules and regulations applicable to the subject.
07. Mr. S. S. Nanda, learned Sr. AAG appearing for the respondents, submitted that this writ petition can be disposed of without filing objections by directing respondent No.3 to consider and dispose of the applications filed by the petitioners on 07.08.2018 for permission to issuance of Fard Intikhab of the aforesaid land.
He submits that respondent No.3 would consider and decide the same in accordance with law, rules and regulations applicable to the subject.
08. Therefore, in view of the submissions made by learned counsel for the petitioners as well as by the learned counsel representing respondents, this writ petition is disposed of with the direction to respondent No.3 to take a decision on the applications of the petitioners filed on 07.08.2018.
The respondent No.3 shall consider the applications and decide the same strictly in accordance with law, rules and regulations applicable to the subject, within a period of six weeks from the date of receipt of copy of this order along with the applications dated 07.08.2018.
Petitioners shall also provide copies of other documents to the respondent No. 3.
09. The writ petition is, accordingly, disposed of in the above said terms.
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