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2025 DIGILAW 123 (JK)

Nirmal v. Union Territory Of J&k

2025-03-12

RAJNESH OSWAL

body2025
ORDER : 1. With the consent of learned counsel for both the sides, the instant petition is taken up for final disposal. 2. The petitioner has filed the present petition for directing the respondents to issue fard intikhab in respect of land measuring 3 ½ marlas comprising khasra No. 15 situated at Village Channi Kamala, Tehsil Bahu, District Jammu. It is stated that vide communication dated 18.01.2021, the Sub Divisional Magistrate, Jammu South Gangyal submitted the report to the Deputy Commissioner, Jammu and sought further necessary direction in the matter but till date no decision has been taken. 3. The respondents have filed the response stating therein that with a view to preserve and safeguard of water bodies, wetlands, water courses, drainage, lakes and springs as well as State land in the shape of “khads” from being encroached by anti-social elements/land mafia/builders, the Jammu and Kashmir State Legislature enacted Jammu and Kashmir Water Resource (Regulation and Management) Act, 2010. However, vide SRO-456 of 25 th of October, 2017, the Government adopted the State Water Policy and Plan in exercise of the powers conferred by section 4 of the J&K Water Resources (Regulation & Management) ACT, 2010. Clause 5.2 of the State Water Policy and Plan provides for proper demarcation/delineation of the water source and course to ensure that the khads are segregated from Khads which do not form water course/ source. Whereas, pursuant to the clause 5.2 of SRO-456 of 2017, Government Order No. 18-JK-(Rev) of 2022 Dated 04.02.2022 was issued by which the sanction was accorded for the constitution of three tier committees and the procedure to demarcate/delineate the water source/course which do not form the part of any water course/source but has been recorded as the Gair Mumkin Khad, Gair Mumkin Darya, Gair Mumkin Nallah etc. in the revenue record was accorded. 4. It is further stated that in the instant case a report was sought from Tehsildar concerned who in his report stated that the total land falling under khasra No. 15 of Village Channi Kamala, Tehsil Bahu measuring 9 kanals 12 marlas is recorded as Gair Mumkin Khad and the delineation exercise in terms of Government Order No. 18JK-(Rev) of 2022 dated04.02.2022 has not yet been completed therefore, Fard cannot be issued. 5. 5. Taking into consideration the contention of the respondents that the delineation exercise has not been completed, the Fard cannot be issued, this Court vide order dated 26.11.2024, directed respondent No. 1 to file affidavit with regard to the time frame within which the delineation exercise for the purpose of identification of water bodies shall be completed. 6. In response to order dated 26.11.2024, the affidavit has been filed by the Secretary to Government, Revenue Department, UT of J&K respondent No. 1 herein, wherein it is stated that in partial modification and amplification of Government order No. 18-JK(Rev) of 2022 dated 04.02.2022, the revised procedure to be followed and the Divisional level and District Level Committees were notified vide Government Order No. 102-JK(Rev) of 2024 dated 02.08.2024 and as per said order, the Deputy Commissioner, upto 200 kanals per khasra and the Divisional Commissioner upto 200-500 kanals per khasra shall effect changes in the kind of soil under section 27 of the Jammu and Kashmir Land Revenue Act, 1996 SVT and the UT Level Committee shall recommend change to be incorporated in revenue records of 500 kanals and above per khasra to the Government. 7. Further in terms of Government order dated 02.08.2024, the Divisional Level Committee shall formulate the SOP for delineation on the recommendation of the Chief Engineer, Irrigation and Flood Control in consultation with domain experts in the field. The Divisional Commissioner shall be competent authority to enter into MoU with chosen expert Government Agencies/Institutions to carry out the delineation exercise. The Standard Operating Procedure has been formulated and Draft MoU with expert domain agencies are under process. Divisional Commissioner and Deputy Commissioners are field officers who have been authorized by the Government/UT Administrative Council to carry out and complete this exercise. 8. In a nutshell, the stand of respondent No. 1 in the affidavit that the exercise as envisaged under the Government order dated 04.02.2022(supra) has not been completed so far, even after lapse of three years. It appears that the respondents are working at snail’s pace and if they continue to work at snail’s pace, then they will consume years together to complete this exercise. The citizens of the country cannot be leave to suffer because of the laxity of the respondents. 9. It appears that the respondents are working at snail’s pace and if they continue to work at snail’s pace, then they will consume years together to complete this exercise. The citizens of the country cannot be leave to suffer because of the laxity of the respondents. 9. The respondents have placed on record the report dated 03.05.2024 submitted by the Tehsildar Bahu, which is extracted as under: “Kindly refer to the subject cited above, it is submitted that in pursuance to the orders of your goodself incompliance to the orders from Hon’ble High court of J&K and Ladakh in the case titled "Smt. Nirmal Vaid vs UT of Jammu and Kashmir and ors." in respect of Khasra No. 15 land measuring 3 1/2 Marlas situated at Village Channi Kamala, Tehil Bahu. After perusal of the record and the spot examination, it came to know that Khasra No. 15 has total land measuring 9 kanals 12 Marlas which is in the nature of Gair Mumkin Khad in ownership of Naar Singh as entered in the record of jamabandi 1957-58. For the land measuring 3 1/2 marlas Purshotam Singh S/o Amar Singh co-sharer has expercised Power of Attorney in favour Smt. Nirmal Vaid W/o. Ashok Vaid registered by the Hon'ble Court on 08.01.2019. After the spot examination residential house is duly constructed in the land in question. The house is constructed. Double storied and being cemented Nallah constructed the house does not come under the flow of water. Population is found dense in the surrounding area. Land is of the nature of Gair Mumkin Khad. Fard Intikhab is required for effecting sale of the land.” 10. A perusal of the aforesaid report reveals that a double storey house has been constructed on the land measuring 3 ½ marlas and house does not come under the flow of water. 11. In view of the above, the present writ petition is disposed of by directing the Deputy Commissioner, Jammu respondent No. 2 herein to decide the application filed by the petitioner for providing Fard Intikhab Jambandi, taking into consideration the report dated 03.05.2024 submitted by the Tehsildar, Bahu, Jammu. The entire exercise shall be completed by the respondents within a period of thirty days from the date a copy of this order is made available with respondent No. 2. 12. Disposed of.