HC paves way for registrations, sale of Gair Mumkin Khad lands

FCR’s order loses its force; superseded by Govt order 18-JK (Rev)

Jammu: The Jammu and Kashmir High Court has paved way for registrations and sale of Gair Mumkin Khad lands, by disposing off the petitions challenging the sale of such land which was barred by order of financial commissioner revenue as later government had issued procedure for delineation, demarcation of lands 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.
Justice Rajnesh Oswal decided the writ petitions pertaining to Gair Mumkin Khad lands wherein petitioners had challenged the order of the FCR whereby the issuance of Card Inthhekhabs, Sale Deeds, Gifts, Lease, and Mortgage deeds registration of these lands were stopped.
Justice Oswal observed that “Reply has been filed by the respondents, in which it has been stated that pursuant to the judgment of Division Bench dated 12.02.2016, 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 29.01.2022 of the Administrative Council, the Government issued order dated 04.02.2022 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 04.02.2022, 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.
“Learned Advocate General submitted that by necessary implication, the order impugned issued by the respondent No. 2, loses its force and in fact it gets merged with the order dated 04.02.2022. In view of this, no further directions are required to be issued. Disposed of” the Court held.