x

Like our Facebook Page

   
Early Times Newspaper Jammu, Leading Newspaper Jammu
 
Breaking News :   BJP high command in no hurry to nominate 5 MLAs | High-speed train trial on Katra-Banihal track another milestone towards Kashmir Rail link | Railway unveils winter train | Respect mandate of people: Ruhullah tells Omar | Junaid Mattu comes in support of MP Ruhullah | PM Modi to inaugurate Z-Morh tunnel on Jan 13 | Sgr Police seize 8 Kgs of Heroin smuggled from Pak, 2 held | Amid HMPV concerns, special ICU ward setup in Jammu | Every citizen is a soldier out of uniform: IAF Chief | Gulmarg records minus 9.8°C | Sanatan is supreme, beyond comparison: Yogi Adityanath | Arrangements finalized for Dubjan winter festival at Shopian | Absconder arrested by police in Rajouri | Distt admin Srinagar reaches out to fire victims of Hazratbal | Health Deptt conducts BLS training for Police personnel | Eliminate Impossible | Omar led Govt set to end 10 years development, administrative inertia in J&K: Sadhotra | Youth brutally attacked at Salathia Chowk in Udhampur, one arrested | DM reviews clinics under PCPNDT ACT, mandates regular monitoring | Transport Commissioner inaugurates Free Health Check-Up Camp | CS Atal Dulloo JK Bank MD&CEO unveil J&K Bank Calendar - 2025 | Border Force BSF rejects reports of Bangladesh controlling Indian land | Javed Dar launches IEC campaign in Rafiabad | Delhi's maximum temperature settles at 21.5 degrees C, AQI in "poor" category | Aiming to produce 5 mn tons of Green Hydrogen by 2030: PM Modi | LG flags off J&K UT's contingent for National Youth Festival-2025 | BJP stands as symbol of democracy: Kavinder | Javed Dar conducts surprise visit to GMC Baramulla; reviews functioning | Mission Karmayogi: A Revolutionary Reform says Khatana | ADGP Jammu zone felicitates top performers of training course | Three injured in Poonch road accident | ISRO to carryout ambitious space docking experiment on Thursday | FIR against social media page admin for public mischief in J&K's Doda | Government to mandate airlines to share climatic data with weather office | Director Agriculture Jammu inaugurates fully automated pulse jet bag filter | Jammu police cracks down on illegal mining, detains four vehicles | Samba police solves theft case; five arrested | Canals, distribution network being closed for maintenance, de-siltation work | Nikshay Poshan Kits presented to TB Patients in Samba | Samba Police Cyber Crime Unit recovers Rs 95,000 for fraud victims | Auto retail sales rises 4.45% despite headwinds in UT of Jammu and Kashmir | Advisor Nasir Aslam Wani condoles demise of Tahir Ajaz's son | Awareness programme on PMEGP, JKREGP held | Massive protest by PDD engineers over regularization held | British academician Sydney Rose interacts with MV International School students | DBU's School of Hotel Management & Tourism signs MoU | Don't feel I was in race for opener's slot in Border-Gavaskar Tests: Renshaw | We know how to beat Aussies: Rabada | Whitewash at home bigger failure than BGT loss: Yuvraj | India to host top javelin competition with Neeraj and best in world competing later this year | J&K Softball Association to conduct selection trials on January 11 | MCM celebrates Gurpurab of Guru Gobind Singh Ji | GDC Pouni NSS Unit hosts successful valedictory function | NSS Special Winter Camp begins at GDC Thannamandi | Back Issues  
 
news details
HC paves way for registrations, sale of Gair Mumkin Khad lands
5/10/2022 11:11:07 PM
Early Times Report

JAMMU, May 10: Justice Rajnesh Oswal of Jammu & Kasshmir and Ladakh High Court in a significant order decided the writ petitions pertaining to Gair Mumkin Khad lands wherein the two petitioners Ravinder Kumar Gupta and Rajat Jandial in one writ petition Uttam Singh in another writ petition had challenged the order of the FCR bearing no. FC-LS/MISC-288/2020 dated 22-10-2020 whereby the issuance of Card Inthhekhabs, Sale Deeds, Gifts, Lease, mortgage deeds registration of these lands were stopped, this order was challenged through Aseem Kumar Sawhney Advocate for Ravinder Kumar Gupta and another and Sakaal Bushan in Uttam Singh’s writ petition.
Justice Oswal observed that the dispute in the present petition is with regard to the order No. FC- LS/MISC-288/2020 dated 22.10.2020 issued by the respondent No. 2. “Reply has been filed by the respondents, in which it has been stated that pursuant to the judgment of Division Bench dated 12-2-2016, the government issued SRO No. 456 dated 25-10-2017 in exercise of the powers conferred under Section 4 of Jammu and Kashmir Water Resources (Regulation and Management) Act, 2010, by virtue of which Government adopted State Water Policy.
It was also stated that based upon the decision dated 29-1-2022 of the Administrative Council, the government issued order dated 4-2-2022 and for compliance of SRO-456 in terms of clause 5.2, accorded sanction to the constitution of a three tier committee for delineation and demarcation of the land which do not form part of any water course/source but have been recorded as Gair Mumkin Khad, Gair Mumkin Darya, Gair Mumkin Nallah, etc. in the revenue records.
In order to demonstrate that the water policy has been given effect on ground as well, the respondents have produced the order dated 14.03.2022 for District Kathua. Similarly, so far as district Jammu is concerned, from the perusal of the order dated 4-2-2022, it is revealed that the time limit for demarcation of water source/course has been fixed for three months. The only contention of the petitioner is with regard to the order impugned dated 22-10-2020, issued by the Financial Commissioner Revenue-respondent No. 2” the High Court observed.
It may be mentioned that Sawhney in his pleadings had submitted that petitioners were assailing the impugned communication/order issued by respondent no 8/ Office of the Financial Commissioner Revenue bearing no.-LS/Misc-288/2020 dated 22-10-2020 regarding Gair Mumkin Khad Lands which is illegal, arbitrary, erroneous, without jurisdiction and contrary to the Judgment/ Orders of the High Court and government orders and State Water Policy of J&K.
As a matter of fact, there is a land terminology in J&K Revenue records used since age old times, called the “Gair Mumkin Khad” land. These lands were uncultivable lands and were sold and purchased without any hindrance till 2014. Many colonies of JDA and private colonies of Jammu have been built on the lands recorded as Gair Mumkin Khad lands like Sainik Colony, Greater Kailash, Roop Nagar, Bantalab, Birpur JDA colon etc. It was submitted that the J&K legislature passed a law called the J&K Water Resources Act 2010, where in the definitions the water course was defined and “Khad” was mentioned as a place where water flows seasonally and perennially.
It needs to be mentioned that even the JDA has built and is building colonies in Roop Nagar, Channi Himmat, Kot Bhalwal, Birpur are all on Gair Mumkin Khad Lands. All conies like Sainik Colony, Channi Himmat, Channi Kamala, Channi Beeja, Greater Kailash, Sunjuwan etc are also Gair Mumkin Khad lands. The people have purchased the plots and now with this impugned communication issued by the respondent no. 3 and 8 - FCR Office J&K the people have lost their right to alienate, right to obtain bank loans etc over their these properties, thus even the mortgage deeds by banks have become nil and void, the sale deeds have become null and void and if that is the position the stamp papers worth crores spend by the people will have to be returned to the people, thus the adding insult to injury and creating litigation for the government.
  Share This News with Your Friends on Social Network  
  Comment on this Story  
 
 
 
Early Times Android App
STOCK UPDATE
  
BSE Sensex
NSE Nifty
 
CRICKET UPDATE
 
 
 
 
 
 
 
 
   
Home About Us Top Stories Local News National News Sports News Opinion Editorial ET Cetra Advertise with Us ET E-paper
 
 
J&K RELATED WEBSITES
J&K Govt. Official website
Jammu Kashmir Tourism
JKTDC
Mata Vaishnodevi Shrine Board
Shri Amarnath Ji Shrine Board
Shri Shiv Khori Shrine Board
UTILITY
Train Enquiry
IRCTC
Matavaishnodevi
BSNL
Jammu Kashmir Bank
State Bank of India
PUBLIC INTEREST
Passport Department
Income Tax Department
JK CAMPA
JK GAD
IT Education
Web Site Design Services
EDUCATION
Jammu University
Jammu University Results
JKBOSE
Kashmir University
IGNOU Jammu Center
SMVDU