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