HC Orders probe into Alleged Illegal encroachment over “Gair Mumkin Khad” Water Body in Samba

16/09/2025

Jammu, Sep 15: The High Court of Jammu & Kashmir and Ladakh at Jammu, on Monday, directed the Deputy Commissioner, Samba to constitute a committee of revenue officials to conduct a time-bound inquiry into allegations of illegal encroachments and construction over a notified water body-classified as 'Gair Mumkin Khad'-falling under Khasra No. 450, Village Patti, Tehsil Bari Brahmana, District Samba.
The direction was issued by Mr. Justice Wasim Sadiq Nargal while hearing WP(C) No. 2537/2025, filed by Anil Sharma, a resident and landowner in the vicinity of the disputed site.
The petitioner, represented by Senior Advocate Mr. Vikram Sharma along with Mr. Sachin Dev Singh, alleged that private respondents (Nos. 7 and 8)-described as colonizers or property dealers-had, in collusion with certain government officials, encroached upon the watercourse and undertaken construction activity, including the erection of culverts, walls, and slabs, thereby reducing the natural width of the Khad from approximately 300 feet to a mere 10 feet.
Allegations and Legal Grounds
The petitioner invoked provisions of the Jammu and Kashmir Water Resources (Regulation and Management) Act, 2010, under which such water bodies are deemed to be government property, and asserted that the constructions were in blatant violation of both statutory and environmental safeguards. He further relied on landmark judgments of the Supreme Court of India, including Hinch Lal Tiwari v. Kamala Devi (2001) and Jagpal Singh v. State of Punjab (2011), which emphasize the protection of community resources and prohibit the alienation or encroachment of village commons and water bodies.
The petitioner also drew the Court's attention to prior communications from the Naib Tehsildar, which directed that no further modification or construction be permitted at the site. Despite this, construction allegedly continued unchecked, even during night hours, to evade detection.
Court Directions
In a detailed order, Justice Nargal directed that:
o A committee headed by the Tehsildar, Bari Brahmana be constituted within one week, with the mandate to visit the site, associate all relevant stakeholders-including the petitioner and the private respondents-and conduct a comprehensive field enquiry.
o The committee shall submit its report within four weeks. The Deputy Commissioner, Samba (Respondent No. 3), shall thereafter take a final decision in consultation with the Divisional Commissioner, Jammu (Respondent No. 2), within two weeks from receipt of the report.
o Status quo as on date shall be maintained until the decision is taken by the competent authority.
o In case it is found that any part of the water body or public land has been encroached upon, the respondents shall be at liberty to proceed with eviction and restoration of the site, with police assistance if necessary.
The Court further directed all parties to produce relevant documents, including land records and applicable Master Plans, to facilitate the enquiry. It also made it clear that no further extension of time shall be granted, emphasizing that unnecessary delays could result in irreversible environmental and public harm.
Background Litigation
The petitioner had earlier approached the Court via CM No. 5101/2025 in WP(C) No. 1902/2024, which was dismissed with liberty to seek alternate remedy. The present petition followed that dismissal. The petitioner also referred to WP(C) No. 2232/2025, previously filed and subsequently withdrawn by the private respondents, allegedly to escape judicial scrutiny.
The High Court's order reinforces the legal and constitutional obligation of the State to protect natural resources and prevent unauthorized encroachments. The matter is likely to have broader implications for urban planning and environmental governance in Jammu & Kashmir, particularly in the context of growing encroachments over ecologically sensitive areas. The Registry has been directed to communicate the order to all concerned officials for immediate compliance.

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