*Panel framed to spell out width of khads, nullahs
Mohinder Verma
JAMMU, Oct 23: As glaring mismatch between the ground position and revenue records is creating obstacles in framing of first ever comprehensive State Water Policy, the State Government has constituted a committee for carrying out detailed survey of all the lands recorded as Ghair Mumkin Khads, Darya and Nallah and spelling out the width of the water course(s), channels and natural drainage system for smooth flow of flood water.
Official sources told EXCELSIOR that State High Court in a Public Interest Litigation (PIL) titled Balbir Singh Versus State of J&K and Others vide judgment dated February 12, 2016 had directed for framing of State Water Policy in terms of J&K Water Resources (Regulation and Management) Act, 2010 for safety, prevention and restoration of wetlands, marshlands, flood channels as well as lands recorded as “Khads” in the revenue record.
The High Court had set a time-frame of two months from February 12, 2016 onwards for framing of State Water Policy with the further direction that till the formulation of policy order dated July 10, 2014 and status quo with respect to such lands/khads shall remain in force.
It is pertinent to mention here that in terms of Sub-Section (1) of Section 4 of the Jammu and Kashmir Water Resources (Regulation and Management) Act, 2010, the Government has to prepare State Water Policy and Plan for development, planning, utilization and monitoring of water resources in the State.
However, the State Government failed to meet the deadline fixed by the High Court and two high-level committees under the chairmanship of the respective Divisional Commissioners were constituted on August 2, 2016—after a gap of nearly six months. Before the committees headed by Divisional Commissioners could initiate steps for preparation of policy huge mismatch between the ground position and revenue records with regard to Ghair Mumkin Khads, Darya and Nullah came to the fore, sources informed.
It was observed by these committees that on most of the lands recorded as Ghair Mumkin Khads, Darya and Nullah etc in the revenue records, which are privately owned by land owners, a large number of public habitations and important public utilities are already existing.
Moreover, it was observed that all the Ghair Mumkin Khads, Ghair Mumkin Darya and Ghair Mumkin Nullah recorded as such in the revenue records don’t form part of any water course, channel or natural drainage system and had wrongly been recorded as such in the revenue records during the previous settlement operations.
Now, in order to take holistic view in the matter, it has been felt expedient to have a true ground position vis-à-vis the recorded position so as to enable framing of comprehensive State Water Policy and to rectify errors in the revenue records vis-à-vis these categories of lands, sources said.
Accordingly, Commissioner /Secretary to the Government, Revenue Department, Mohammad Ashraf Mir has constituted another committee comprising of Chief Engineer, Irrigation and Flood Control Jammu, Assistant Commissioner Revenue Jammu, Assistant Commissioner Revenue Samba, Tehsildar concerned of district Jammu.
This committee will carry out Khasra/area-wise survey of all lands as are recorded as Ghair Mumkin Khads, Ghair Mumkin Darya and Ghair Mumkin Nallah etc and delineate the lands from other similar types of land, which don’t actually form part of any water course or natural drainage system but have been recorded as such categories of land in the revenue records.
Moreover, the committee will spell out the desirable width of the water course(s), channels and drainage system necessary for smooth follow of natural flood water and recommend Khasra wise/area-wise lands recorded as Ghair Mumkin Khads, Ghair Mumkin Darya and Ghair Mumkin Nallah which actually don’t form part of any annual drainage system or water course and are fit for being declared as non-khad lands.
“While making recommendations in this regard, the committee should take into consideration the specific directions of the High Court as well as the relevant provisions of J&K Water Resources (Regulation and Management) Act, 2010”, sources said quoting the terms of reference of the committee.
Though the committee has been given the time-frame of one month for completion of the assigned task, there are doubts about the panel meeting the deadline in view of huge task, sources said, adding “the State Water Policy cannot be prepared till the completion of task by second committee as such will remain a distant dream”.
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