Excelsior Correspondent
JAMMU, Sept 15: The High Court of Jammu & Kashmir and Ladakh has directed the Deputy Commissioner, Samba, to constitute a fresh committee and conduct an on-spot enquiry into allegations of large-scale encroachment over a water body (Gair Mumkin Khad) in village Patti, Bari Brahmana, allegedly by a private colonizer in connivance with revenue authorities.
Justice Wasim Sadiq Nargal passed the order while disposing of a writ petition filed by Anil Sharma, who alleged that property dealers (respondents 7 and 8) had raised illegal culverts, plinths and walls over Khasra No 450, drastically reducing the width of the Khad from 300 feet to just 10 feet.
The petitioner claimed that the encroachment was being carried out to provide access to private land in village Bagla, Tehsil Vijaypur, and that despite repeated complaints, authorities failed to act.
The petitioner, represented by Senior Advocate Vikram Sharma, argued that such encroachments violate the J&K Water Resources (Regulation and Management) Act, 2010, which vests ownership of water bodies with the Government. He relied on several Supreme Court judgments which categorically prohibit privatization or encroachment of ponds, khads and village commons, describing them as resources vital for ecological balance and community welfare.
It was also submitted that the private respondents, in collusion with officials, undertook night-time construction to avoid resistance from villagers. Despite a communication dated August 8, 2025, from the Naib Tehsildar directing that no further work be carried out on the disputed land, construction allegedly continued unabated.
After hearing both sides, the High Court directed the Deputy Commissioner, Samba to form a committee headed by the Tehsildar, Bari Brahmana, within one week. The committee has been tasked to carry out a detailed field enquiry, associating the petitioner, the private respondents, and any other stakeholders, and to submit its report within four weeks.
The Deputy Commissioner, in consultation with the Divisional Commissioner, Jammu, must take a final decision within two weeks thereafter. The High Court categorically ordered that if the enquiry establishes encroachment on the water body, authorities must remove it forthwith with the aid of police, if necessary. Meanwhile, status quo* has been directed to be maintained on the spot until the enquiry concludes.
Observing that water bodies and commons are community resources of immense ecological importance, the High Court stressed strict adherence to timelines, warning that no extension would be granted as delay can cause collateral damage which cannot be compensated later.
The Registry has been directed to immediately convey the order to all concerned authorities for compliance.
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