Rajesh Gupta
Jammu, August 01:Pertinent to mention here that once upon a time a stay was passed for issuance of fard/constructions in Gair Mumkin Khads in WPPIL No 13 of 2014 titled Balbir Singh v/s state & ors, which were clubbed with other WPPILs over the issue.
In Feb 2016 all the WPPILs were disposed with directions by keeping status quo on ban on Gair Mumkin Khads till state water policy is framed & directed Govt to frame water policy within 2 months but as usual Govt did not framed policy in specified time following which CPPIL 08/2016 was filed.
However, when Contempt was listed on 31st Oct, 2017, Govt produced State Water Policy in the Honble Court following which contempt proceedings were dropped & the stay on Gair Mumkin Khads automatically stands vacated as per orders passed in WPPIL in Feb. 2016.
Following which, in a good step ,some DCs issued permissions for issuance of fards on Gair Mumkin Khad lands after getting proper NOC from I&FC that plot does not obstruct the flow of water & thereafter Sushma Chauhan as DC Jammu to bring more transparency devised a proforma vide No. DCJ/SQ/Fard-Khads/2019-20/2828-39 dtd.04.11.2019, which included google Map of the said plot & its surroundings up to 200 metres but fate of these clear cases still awaited.
Thereafter, proper recommendations were made by SDMs as per proforma after proper NOC's from Flood Control Department & Revenue Department but despite that DC office Jammu in violations of SRO 456 of October 2017 Dated: 25th Oct 2017 in Section 5(2) being appointed as adjudicating officer by State Cabinet forward 20 complete cases to FCR vide No. ADC/ADM/PS/19-20/1781 Dated: 07.01.2020 but without any authority the boss FCR office slept on cases thereafter intervention of Grievance Cell forwarded to Pr Secretary Revenue, who was the FCR.
Pertinent to mention here that in the meanwhile, Govt of India dated: 26th October, 2020 repealed Revenue Laws in JKUT but & added section 11-A in Master Plan of 2032 but FCR vide order dated 22.10.2020 ordered Div Com/DC’s to cancel the permissions of Gair Mumkin Khad lands in open contravention to so called S-20(B) & S-3 of so called Land Abolition Act of 2007, which is clear from snapshots as nowhere any whisper regarding ban on said lands.
Another shocking episode of competence of then FCR Office can be observed from other communication addressed to DC Jammu but with the same number & date by which returned 75 case to dispose raised a pointer towards the office of FCR & proved that in hush the bosses forget the number/dates as all acts mentioned were repealed by GOI & the said letter has been received in DC office on 05-11-2020, which indicates what?
DC Office did not took any decision over the issue but only forwarded the same directions to SDM(S).
Now, it is a big question on then Pr Secretary Revenue/FCR/Div Com/DC that in the minutes of meeting issued by then Pr Secretary, Revenue dated: 4.11.2020, it was categorically advised to Div Coms/DCs to go through new changes/provisions made in the Land Revenue Acts by MHA in S.O.No.3808 dated 26.10.2020 by which all revenue Acts were repealed but the DC Office did not pay any heed to speaks of their negligence or lack of knowledge.
Thereafter, Anshul Garg as DC Jammu clearly wrote to Div Com Jammu that neither there was a ban nor there is a ban on Gair Mumkin Khad Lands vide No. DCJ/SQ/GKMhad/2021-22/1671-72 dtd 06.07.2021
Violation of laws/rules in SRO-456 of October 2017 in Section 5(2), Section 20(B) & Section -3 of Land Abolition Act of 2007 & above all violation of Gazette of India dtd 26th October, 2020, the case be referred to CBI to give justice to innocents of JKUT, who are being harassed since 2014 by the offices of these bosses over the issue without their fault, or let the innocents die in the cruel clutches of such like officers.
Strange to write here that LG Manoj Sinha vide ACs Decision No 17/1/2022 dtd 29th Jan 2022 directed Div Com/DCs to decide the issue in a time bound manner but despite lapse of 30 months LG Office never bothered to act on its non compliance but again on 31st July 2024 passed one more Decision over the same issue but no timelines have been mentioned.
However, now let us wait & watch that how DC Jammu acts on 20 completed cases forwarded by his office to FCR vide No. ADC/ADM/PS/19-20/1781 Dated: 07.01.2020 , which were further followed by 75 more complete cases for clearance over Gair Munmin Khad Lands?
However, below snapshots speaks the truth of harassment by so called officers in non compliance of High Court/LG/Govt and causing loss to Govt to crores by way of Stamp Duty Fee & other taxes.
     
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