GAIR MUMKIN KHAD LANDS

Gair Mumkin Khad Land is an agricultural land where there were wells, water channels and water storage tanks, and as such was not used for other purposes. But with the passage of time at many places such lands are not being used as water bodies. The then Financial Commissioner Revenue vide Order No. FC-LS/Misc-288/2020 dated October 22, 2020 had imposed complete ban on the sale and purchase of “Gair Mumkin Khad” type of land. Following this representations were made by people to Sh. Rajeev Rai Bhatnagar the then Advisor to the Lieutenant Governor, Divisional Commissioner Jammu and Deputy Commissioners, seeking review of the order. The review of the order was sought on the ground that land laws were amended vide SO 3808-E dated October 26, 2020 and the Jammu and Kashmir Big Landed Estates Abolition Act has been repealed and Section 133-BB was added in the Land Revenue Act Svt. 1966 which prohibits the transfer of certain lands including grazing land, Arak, Kap or Kah-i-Krishan or which grows fuel or fodders and belongs to such class as is notified by the Government. However, “Gair Mumkin Khad” doesn’t find any mention in any of these categories as such the prohibition doesn’t apply to the land recorded as “Gair Mumkin Khad”.
Following these representations seeking review of the ban order, the Government sought comments/factual report and accordingly the then Divisional Commissioner Jammu sought recommendations from the Deputy Commissioners keeping in view the State Water Policy framed by the Government and the provisions of Jammu Master Plan-2032.
On the basis of their recommendations, Divisional Commissioner Jammu had stressed that in view of the latest amendments in the land laws, after the Reorganization Act, 2019, it is important that two issues-alienation of such lands and usage of these lands are dealt with separately. Suggesting segregation of Khads/water channels, which are dry and are actually not part of any water course/water body, the Divisional Commissioner had recommended physical verification of area/spot assessment, assessment of database, maps and past survey reports held by Irrigation and Flood Control Department, Jal Shakti Department, Forest Department, UEED, IWMP or any other Government agency of the Union Territory or Central Government like CWC, CGWB etc.
It had further been recommended that after such segregation of dry “Gair Mumkin Khads”, the conversion of land use (situated outside Master Plan or Zonal Plan areas) may be permitted by the Deputy Commissioner subject to the procedural mandate of newly instituted Section 133-A of the J&K Land Revenue Act which specifies that no land used for agriculture purpose shall be used for any non-agricultural purposes except with the permission of the District Collector.
But till now the matter is hanging and thousands of residents of J&K are facing harassment due to the failure of the authorities to decide on this issue. Various developmental activities are suffering due to lack of clarity on alienation of land recorded as “Gair Mumkin Khads” and all such other lands which don’t fall under the ambit of State Water Policy, the Divisional Commissioner Jammu and several Deputy Commissioners have already approached the Government with a road-map for resolution of issues on the priority basis, but no clear decision seems to have been taken.
The government should make expeditious efforts and may take a decision that those lands which actually come under Gair Mumkin Khad should not be disturbed and should be protected but there are several cases where status of land has been recorded as Gair Mumkin Khad and properties have been built on them should be considered favorably so that people might not be harassed anymore.