Avinash Azad
The government has taken significant steps to simplify the delineation process of Gair Mumkin Khad, with powers now delegated to Deputy Commissioners and Divisional Commissioners for speedy disposal of cases.
Responding to a query by MLA Vijaypur, Chander Prakash Ganga, regarding the simplification of the delineation process, the government outlined the legal and administrative framework guiding the exercise. The issue dates back to a Public Interest Litigation (PIL) titled “Balbir Singh vs State”, following which the High Court of Jammu & Kashmir issued interim directions in July 2014, staying further construction on water bodies and land recorded as Khads. The court later directed the government to frame a Water Policy, which was notified under SRO 456 on October 25, 2017.
Key Government Initiatives for Delineation
- Three-Tier Committee Setup:
– In 2022, a three-tier committee was established under Government Order No. 18-JK (Rev) of 2022, following an Administrative Council Decision to differentiate between actual watercourses and land mistakenly recorded as Gair Mumkin Khad, Gair Mumkin Darya, Gair Mumkin Nallah, etc.
- Delegation of Powers for Speedy Disposal:
– In 2024, the process was further simplified under Government Order No. 102-JK(Rev) of 2024, following another Administrative Council Decision (No. 98/06/2024 dated 25.07.2024).
– Powers have now been delegated to Deputy Commissioners and Divisional Commissioners for faster resolution and correction of revenue records under Section 27 of the J&K Land Revenue Act, 1996 (Svt.).
3. Involvement of Expert Agencies for Delineation:
The government has decided to conduct the delineation exercise through expert agencies such as Survey of India and the National Institute of Hydrology (NIH).
– A Memorandum of Understanding (MoU) with NIH and Survey of India is under active consideration. Once signed, the delineation exercise will be completed within a time-bound manner.
- Standard Operating Procedures (SOPs) Issued:
To ensure proper execution, the Divisional Commissioner, Jammu, issued SOPs on August 14, 2024 to guide the delineation process and bring mistakenly recorded land into usable categories as per legal norms. The completion of the delineation process will lead to the correction of revenue records, unlocking land for development and legal use, while ensuring that water bodies remain protected.
