Nirmal vs Union Territory Of J&K And Others on 12 March, 2025

Date:

Jammu & Kashmir High Court

Nirmal vs Union Territory Of J&K And Others on 12 March, 2025

Author: Rajnesh Oswal

Bench: Rajnesh Oswal

                                                                                    91


     HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                                  AT JAMMU

WP(C) No. 248/2024


Nirmal                                            .....Appellant(s)/Petitioner(s)
                      Through: Mr. Rishab Vaid, Adv.
                               Ms. Ishna Vaid, Adv.
                vs
Union Territory of J&K and others                               ..... Respondent(s)
                      Through: Ms. Monika Kohli, Sr. AAG

Coram: HON'BLE MR. JUSTICE RAJNESH OSWAL, JUDGE
                                   ORDER

12.03.2025

Oral:

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”

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WP(C) No. 248/2024

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 25th 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 dated

04.02.2022 has not yet been completed therefore, Fard cannot be issued.

5. Taking into consideration the contention of the respondents that the

delineation exercise has not been completed, the Fard cannot be issued,
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WP(C) No. 248/2024

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
4

WP(C) No. 248/2024

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. 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.”

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WP(C) No. 248/2024

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.

(RAJNESH OSWAL)
JUDGE
Jammu:

12.03.2025
Rakesh
Whether the order is speaking: Yes/No
wWhether the order is reportable: Yes/No

Rakesh Kumar
2025.03.13 14:51
I attest to the accuracy and
integrity of this document



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