By Mohammad Amin Mir
Rule 4 of the Jammu & Kashmir Agrarian Reforms Act, 1976, plays a crucial role in determining land ownership and cultivation rights. This rule establishes that entries in the “Khasra Girdawari” (land revenue record) serve as the primary source of information regarding personal cultivation. However, any disputes regarding these entries must undergo proper inquiry by a revenue officer, ensuring all affected parties are heard before making amendments to the land ownership records.
Key Aspects of Rule 4 – Presumption of Accuracy:
Entries in the Khasra Girdawari are presumed to be accurate concerning who has been cultivating the land. This presumption is particularly important for determining eligibility under the Agrarian Reforms Act.
Dispute Resolution Mechanism:
If any party challenges the Girdawari entries, a revenue officer (not below the rank of a Tehsildar) must conduct a detailed inquiry. All stakeholders must be given the opportunity to present their case before any modifications are made to the land records.
Importance in Land Ownership Disputes: Rule 4 is essential in resolving land ownership disputes, as it provides a clear legal mechanism for verifying cultivation status based on official land records.
Application of Rule 4 – Verification of Cultivation: When an individual claims tenancy rights under the Act, the revenue officer refers to the Khasra Girdawari to verify if the claimant is listed as the cultivator of the land.
Hearing of Objections: If a Girdawari entry is contested, the objecting party must file an official objection with the revenue officer. The officer then conducts a hearing to gather evidence and determine whether the entry should be amended.
Challenges in Implementing Rule 4
Manipulation of Records:
There have been instances where Girdawari entries were manipulated to benefit certain parties. Such cases necessitate thorough investigations to ensure fairness.
Outdated Information:
Many Girdawari records are outdated, failing to reflect the current land use and cultivation patterns. This discrepancy leads to inaccuracies in ownership and tenancy records.
Ensuring Fairness in Girdawari Entries
Previously, Girdawar Quanoongoes (revenue officials) could change the tenancy column in the Girdawari without hearing the affected parties. This allowed them to replace Person A’s name with Person B’s without giving Person A an opportunity to contest the change. However, the law has since evolved to mandate that all parties must be heard, even if one party is not in possession of the land.
Current Issues with Girdawari Implementation
Girdawari records should include the name of the tenant, the type of crop grown, and the possession holder’s details. These records are updated every six months (Kharif and Rabi seasons) and compiled into a register every four years, documenting eight crop cycles. However, in practice, these records have often not been updated as per the legal mandate.
In many villages across the Union Territory, Girdawari updates have not been conducted for over a decade. Two years ago, new Jamabandis were written, digitized, and made available on the ‘Apki Zameen Aap Ki Nigrani’ portal. However, these records remain locked by the administration. Many new Girdawari entries have been written based on these Jamabandis without considering previous Girdawari records, leading to discrepancies between old and new revenue extracts.
To ensure accuracy, it is imperative to cross-check the new Girdawari entries with old records and digitized Jamabandis. This process will help rectify errors and create a more reliable and error-free land record system.
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