In continuation to SRO 456 of 25th October 2017 by which Div Com & DCs were designated as adjudicating officer and the issue was cleared in Sec.5.2 in a very clear manner but nothing was done but in spite of punishing concerned officers for non compliance of SRO 456 of 2017 just for an eye wash new order was issued by Govt
Now, FCR, who is holding charge of the post since November 2020, in spite of acting tough for non compliance of SRO & LG, just to play more delay tactics issued a new minutes of meetings over same issue of water source, water course & water bodies on 06.03.2023 with different instructions by over ruling, which stands issued with approval of LG/CS in G.O. Date 4th Feb. 2022
Not bothering LG/CS by DCs raises a question on JKUT Govt as a whole?
Shall LG acts tough for such a bad act of DCs to show his presence?
GY CORRESPONDENT
jammu, Apr 18
Administrative Council headed by Lt Governor of JKUT passed a Decision vide No 17/1/2022 dated 29th Jan 2022, which was followed by Govt Order No 18-JK(Rev) of 2022 Dated 4th Feb 2022 to decide issue of public harassment caused by Revenue Department over Gair mumkin khad lands & other side causing loss to Govt exchequer to the tune of thousand of crore rupees by way of Stamp Duty Fee & other Taxes per month but in a period of three months.
Pertinent to mention here that it was issued in continuation to SRO 456 of 25th October 2017 by which Div Com & DCs were designated as adjudicating officer and the issue was cleared in Sec.5.2 in a very clear manner but nothing was done but in spite of punishing concerned officers for non compliance of SRO 456 of 2017 just for an eye wash new order was issued by Govt. Above all, again the Exercise never got completed, even in 14 months speaks of work culture in JKUT as LG/CS if not bothered by DCs, what a common man can expect in this administration. However, now, FCR, who is holding the charge of the post since November 2020, in spite of acting tough for non compliance of SRO & LG, just to play more delay tactics issued a new minutes of meetings over the same issue of water source, water course & water bodies on 06.03.2023 with different instructions by over ruling, which stands issued with approval of LG/CS in G.O. Date 4th Feb. 2022 .
Pertinent to mention here that I&FC Department are meant for framing all records regarding such items for repairs/protections & terracing of big khads & canals etc, which would have closed the issue followed by Revenue Department, which is doing so called Girdawarie twice in a year & mandatory to accord test checks from Patwari to DC with fixed %age, if had done, story have not been created. Now, Revenue & I&FC Departments are under same Officer and should have pulled on both departments for details of water source & water course in a week’s time because to maintain these records are their part of duties.
Pertinent to mention here that under the J&K Water Resources (Regulation and Management Act-2010), the Irrigation and Flood Control Department were responsible when it comes to the usage of water but the Revenue Department and the Urban Local Bodies have failed to act against encroachments and prevent the direct influx of pollutants in water bodies and rivers. There was complete lack of coordination between the agencies.
Moreover, despite the High Court directions, encroachments persist and illegal construction is going on unabated across J&K on the river banks and wetlands. Unable to stop encroachments along rivers in J&K, previous govt government had directed the Revenue and Irrigation and Flood Control Department to start a district-wise demarcation of water bodies and submit details. All Deputy Commissioners had been directed to ensure the implementation of the rules and regulations governing the preservation of water bodies, damaged by the land mafia and illegal colonies allowed by the administration. Government had asked the Revenue, Public Health Engineering (PHE) Department along with the Irrigation and Flood Control Department to ensure the removal of encroachments from such water bodies after proper identification.
Worthwhile to mention here that The Jammu and Kashmir Administrative Councils headed by LG vide Decision no 17/1/2022 dated 29th Jan 2022 approved the procedure for delineation and demarcation of land categorized as Gair Mumkin Khads, Daryas, Nallahs and others that do not form part of water channels but have been recorded in revenue records as such.Gair Mumkin Khad is a low-lying area that often turn into passage for rain waters or flood waters, and Daryas and Nallahs are streams. The approval was accorded at a meeting of Administrative Council chaired by Lieutenant Governor Manoj Sinha, Dr Arun Mehta, Chief Secretary, Mr Bhatnagar, Advisor to LG in Jammu.
Three-tier committees were asked to oversee the process. The decision was expected to help people who had contested the erroneous entries of water bodies in the existing revenue records. The process, once completed, was anticipated to help resolving ongoing litigations besides allowing owners of such lands to transact and carry out various economic/non-economic activities. The exercise was to be conducted in a phased manner in districts of Jammu, Samba and Kathua within three months and the remaining districts of the Union territory in a year. However fifteen months have gone by but none of the three tier committees viz District Level Committees, Division level Committees and UT Level Committees have failed to prepare maps by conducting Khasra wise survey of all lands recorded as Gair Mumkin Khad,Gair Mumkin Darya,Gair Mumkinn Nallah.
On one hand the Lieutenant Governor led administration has been taking serious actions against the encroachments of state land but under the nose of administration several Kanals of a water body land has been encroached with structures came up along with dumping of material. It was a general modus-operandi of encroachers to dump material in state land and then raise a temporary structure and after few months, made a new structure making the encroachment completely justified.“When the floods had wracked havoc in Kashmir valley, the High Court had taken serious view of the encroachments and had ordered all the district administration to clear encroachments from 200 metres of banks of water bodies but nothing concrete has happened as yet which is matter of serious concern. Moreover officers who were given to accomplish the task have done nothing even after fifteen months of Administrative Council decision much to the harassment of general public and also serious loss to Govt exchequer.
It deserves mentioning here that then Deputy Commissioner Jammu Anshul Garg dated 6-7-2021 vide No. DCJ/SQ/GM KHAD/2021-22/1671-72 had sought permission from Divisional Commissioner Jammu for alienation of the land recorded as Gair Mumkin Khad submitting that 76 applications received by his office for grant of permission for alienation of the land recorded as Gair Mumkin Khad after being duly vetted as per SRO 456 of 2017 were forwarded to Financial Commissioner (Revenue) vide his office letter No.DCJ/SQ/Fard-Khad/2020-21/774-75 dated 5-8-2020 seeking directions for proceedings ahead. Subsequently DC Office Jammu received a letter from Div Com office vide No.502/SRO-Circular/20/6084 dated 4-11-2020 where under a communication of Financial Commissioner (Revenue) J&K issued vide No. FC-LS/Misc-288/2020 dated 22-10-2020 dated 22-10-2020 was forwarded to the undersigned for implementation in the said matter.
The letter issued by the office of Worthy Financial Commissioner (Revenue) refers to opinion furnished by senior AAG that Section 20-B,21 and 24 of , Now repealed, J&K Big Landed Estates Abolition Act,Svt.2007 bars alienation of certain lands and registration of documents thereof and that it was further directed that the revenue field staff be warned not to issue Fards of land of water sources like Chhappri,Talab,Springs, Chahs(Wells) etc. and the water courses like River,Rivuletys, Streams, Chois,Kassi or Kas,Nallahs and Khads to anyone under any circumstances as it is strictly prohibited under law.
However it is pertinent to mention here that the land laws were amended vide SO 3808 (E) dated 26th October,2020 whereby ,the J&K Big Landed Estates Abolition Act. Svt 2007 was repealed and Section 133-B was added in the Land Revenue Act Svt 1996 which prohibits the transfer of certain lands including grazing land,Arak,Kap or Kah-i- Krishan or which grows fuel or fodder and belongs to such class as is notified by the Government. But Gair Mumkin Khad does not find any mention in any of the aforesaid categories and as such the said prohibition does not apply to the land recorded as Gair Mumkin Khads and other lands of such kind as per plan reading of the provisions of Section 133-BB of Land Revenue Act.
Further it was submitted that the 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 2032 and as per the J&K Land Revenue Act in other areas in view of latest amendments notified vide SO 3808 (e) dated 26-10-2020.
As such DC office Jammu requested that clarification regarding the alienation of lands recorded as Gair Mumkin Khads and all such other lands which do not fall under the ambit of State Water Policy and Plan ( SRO-456 of 2017) may be sought in view of latest amendments in the land laws from the higher authorities so that several such applications pending in this office may be disposed off accordingly. However the reality is that nothing concrete has been done in this regard so far despite immense public sufferings.
Till LG will not act for non compliance of his instructions issued from time to time by seeking ATRs no compliance on ground shall be found and proof of failure clearly speaks from non compliance of his Administrative Councils Decision nob17/1/2022.
