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Confusion over ‘Gair-Mumkin Khad’ still prevails, delays developmental activities

Last Updated on November 8, 2021 at 10:50 am

The confusion still prevails over the alienation of land recorded as ‘Gair Mumkin Khads’. Various developmental activities are stuck due to confusion over 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 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.

After that various discussions and debate started over the alienation of the said land. It has been urged that ‘Gair Mumkin Khad’ is not under the list of land prohibited for transfer under the new land laws implemented in the Union Territory of J&K since October 26, 2020.  

After the land laws were amended vide S.O 3808(E) dated 26th October 2020, whereby the J&K Big Landed Estates Abolition Act Svt 1996 was repealed, the Financial Commissioner’s
order prohibiting alienation of land recorded as ‘Gair Mumkin Khad’ is not supposed to be in force.

Divisional Commissioner Jammu Raghav Langar has 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 has 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.

He has further suggested use of Google satellite imagery, Google timeline maps and other IT tools and taking cue from the identified water buffers/zones under the Jammu Master Plan and such other Master Plans of Katra and Udhampur besides draft plans of Kathua, Reasi, Akhnoor, Ramban, Doda, Banihal and Ransoo.

It has been further suggested 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.

The Deputy Commissioner has further asked that the government has to either notify the “Gair Mumkin Khad” as prohibited or make some relaxation with certain conditions as it suits to the developmental agencies under Urban Development Planning to implement the J&K Development Act as per the Master Plan.