Div Com, DCs submit recommendations/roadmap to Govt
Issue needs to be resolved in view of amendments in land laws
Mohinder Verma
JAMMU, Nov 7: As various developmental activities are suffering due to lack of clarity on alienation of land recorded as “Gair Mumkin Khads” and all such other lands which don’t fall under the ambit of State Water Policy, Divisional Commissioner Jammu and several Deputy Commissioners have approached the Government with a road-map for resolution of issues on the priority basis.
The then Financial Commissioner Revenue vide Order No.FC-LS/Misc-288/2020 dated October 22, 2020 had imposed complete ban on the sale and purchase of “Gair Mumkin Khad” type of land. Following this order, people made large number of representations to the Advisor to the Lieutenant Governor Rajeev Rai Bhatnagar, Divisional Commissioner Jammu and Deputy Commissioners seeking review of the order.
The review of the order was sought on the ground that land laws were amended vide SO 3808-E dated October 26, 2020 and the Jammu and Kashmir Big Landed Estates Abolition Act has been repealed and Section 133-BB was added in the Land Revenue Act Svt 1966 which prohibits the transfer of certain lands including grazing land, Arak, Kap or Kah-i-Krishan or which grows fuel or fodders and belongs to such class as is notified by the Government. However, “Gair Mumkin Khad” doesn’t find any mention in any of these categories as such the prohibition doesn’t apply to the land recorded as “Gair Mumkin Khad”.
Following these representations seeking review of the ban order, the Government sought comments/factual report and accordingly the Divisional Commissioner Jammu sought recommendations from the Deputy Commissioners keeping in view the State Water Policy framed by the Government and the provisions of Jammu Master Plan-2032.
On the basis of their recommendations, Divisional Commissioner Jammu Raghav Langar has stressed that in view of the latest amendments in the land laws, after the Reorganization Act, 2019, it is important that two issues-alienation of such lands and usage of these lands are dealt with separately.
Suggesting segregation of Khads/water channels, which are dry and are actually not part of any water course/water body, the Divisional Commissioner has recommended physical verification of area/spot assessment, assessment of database, maps and past survey reports held by Irrigation and Flood Control Department, Jal Shakti Department, Forest Department, UEED, IWMP or any other Government agency of the Union Territory or Central Government like CWC, CGWB etc.
He has further suggested use of Google satellite imagery, Google timeline maps and other IT tools and taking cue from the identified water buffers/zones under the Jammu Master Plan and such other Master Plans of Katra and Udhampur besides draft plans of Kathua, Reasi, Akhnoor, Ramban, Doda, Banihal and Ransoo.
It has further been recommended that after such segregation of dry “Gair Mumkin Khads”, the conversion of land use (situated outside Master Plan or Zonal Plan areas) may be permitted by the Deputy Commissioner subject to the procedural mandate of newly instituted Section 133-A of the J&K Land Revenue Act which specifies that no land used for agriculture purpose shall be used for any non-agricultural purposes except with the permission of the District Collector.
“For such dry Gair Mumkin Khad lands delineated upon survey, which are within Master Plan or Zonal Plan areas, the land use permitted shall be the determining factor subject to levy of charges to be notified by the Government for use of land as permitted in the Master Plan or the Zonal Plan”, the Divisional Commissioner has mentioned in the recommendations.
Further, the constitution of multi-department committee at the district level for conducting demarcation of dry khads and those being part of the water course/source may be considered by the Administrative Department so that demarcation exercise is carried forward and brought to the logical conclusion in a time bound manner so that the issues related to the land use and sale/purchase of “Gair Mumkin Khad” are resolved, the Divisional Commissioner has further mentioned.
The Deputy Commissioner Jammu has conveyed that “Gair Mumkin Khad” doesn’t find any mention in any of the categories after amendments in the land laws as such the prohibition doesn’t apply to the land recorded as “Gair Mumkin Khad”. He has further submitted that usage of all such lands falls under the purview of J&K Development Act for the lands situated in the local limits of Jammu Master Plan.
Accordingly, he has sought clarification about alienation of land recorded as “Gair Mumkin Khad” and all such other lands which don’t fall under the ambit of State Water Policy and Plan (SRO-456 of 2017).
Similarly, Deputy Commissioner Rajouri has submitted that the kind of soil recorded as “Gair Mumkin Khad” in fact reflects the “water basin” depicting even the water shed area which sometimes may not be perennial but remain or has remained at any point of time “water basin”. But over a period of time, since the last settlement operations in the Union Territory, either the land has got reclaimed or the courses of nullahs have changed and many colonies have been developed after proper treatment of nullahs.
The Deputy Commissioner, accordingly, has suggested that the Government has to either notify the “Gair Mumkin Khad” as prohibited or make some relaxation with certain conditions as it suits to the developmental agencies under Urban Development Planning to implement the J&K Development Act as per the Master Plan.
Deputy Commissioner Kathua has submitted that alienation of “Gair Mumkin Khad” should not be allowed openly. However, it can be considered separately from case to case. Similarly, Deputy Commissioner Doda has sought clarification regarding alienation of land recorded as “Gair Mumkin Khad” and all such other lands which don’t fall under the ambit of State Water Policy and Plan.
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