Gair Mumkin Khad’: Govt orders removal of all encroachments on ‘Water Courses’, ‘Water Sources’

Jammu: In a major decision Jammu and Kashmir has ordered removal of all encroachments on ‘Water Courses’ and ‘Water Sources’ in the case of grant of permission for alienation of the Land record as ‘Gair Mumkin Khad’.
Official sources told ‘The News Now’ that in a communiqué addressed by Rishpal Singh, Additional Commissioner (Central), Financial Commissioner (Rev) J&K Jammu to the Divisional Commissioners of Jammu and Kashmir regions, said that all the permissions in the name of the policy of the PHE, Irrigation and Flood Control Department vide SRO 456 issued by any authority is in violation of law are invalid “ab initio” as also clarified by Learned Additional Advocate General in the letter.
The communiqué further said that all encroachments on ‘Water Courses’ and ‘Water Sources’ should be removed immediately at all costs to enable smooth drainage and de-silting purposes and the Deputy Commissioners should submit a report in this regard in two weeks' time positively.
“Strict instructions/warnings should be given to the Chowkidars in the Rural be taken against them for preventing it and failing in their duty to inform the concerned authorities for removal of such encroachments,” read the letter further saying that Patwaries and Revenue Staff should also be warned not to issue Fards of Lands of ‘Water Source’ like Chhapri, Talab, Springs, Chahs (Wells) etc and the Water Courses like Rivers, Rivulets, Streams, Choi's, Khassi or Kas Nallahs and Khads etc to anyone under any circumstances as it is strictly prohibited under law.
Transactions which have happened in the past are legally invalid “ab initio” and action under law must be taken against such Patwareis/Revenue functionaries who have issued such ‘Fards’ in the past, after due enquiry and examination of relevant records, it read saying that if anyone is found of having done so in the past two years, his/her details should be furnished to the Financial Commissioner Revenue (FCR) through the respective Divisional Commissioners.
All Deputy Commissioners are requested to review the progress of ongoing "Water Bodies Census" within their districts under this CSS (Centrally Sponsored Scheme), it said adding that good quality mobile phones have been issued to the Tehsildars for conducting Census/surveys of Water bodies across the UT of J&K for GPS coordinates.
The AC Central also said that a copy of the opinion obtained from S S Nanda, Senior Additional Advocate General vide No.: SSN/SAAG/20/3824 dated:28.07.2020 "the owners of the land recorded as "Gair Mumkin Khad" could not sell the land, as the nature of land was ‘Gair Mumkin Khad’ and big Landed Estates Abolition Act. SVT-2007 prohibits such terms transactions.
“All the transfer deeds i.e. sale deeds are illegal and void. Mutation attested on such documents are against the provision of para 46 (b) of the standing order 23-A and orders on such mutations are bad and require to be set aside,” read an order.
Meanwhile in another communiqué dashed to office of the Deputy Commissioner, Jammu, Additional Commissioner (Central) with FCR J&K, said that he has been directed to return 76 files received in DC office and you are requested to dispose of all the cases/files/representations under the provisions of Big Landed Estates Abolition Act2007 BK , directions of the Supreme Court of India, High Court of J&K, directions of National Green Tribunal, J&K Water Resources (Regulation and Management) Act 2010, J&K State Water Policy and Plan.
Pertinently, Deputy Commissioner, Jammu recommended 20 cases to FCR with due NOC’s for clarification for issuance of fards in ‘Gair Mumkin Khads’ as per SRO 456 of October 2017 vide No. ADC/ADM/PS/19-20/1780-81 Dated: 07-0102020.
FCR office after intervention of Govt’s Grievance Cell forwarded the cases to Principal Secretary Revenue on 19-06-2020, who disposed off the issue on 22-10-2020 means after a lapse of 9 months 15 days.