Before settlement of land village community system was there found in the villages, but after land settlement this system got changed into “Family System” it means that the families began to own land but few chunks of land in a village were put for common purposes and this property of land that was meant for common public purposes was meant for cattle grazing, footpaths, rivers, grave yards etc. Post settlement this land was recorded as Sarkar dulat- mandar in Record of Rights with different places in an estate. But after that these chunks of land under different survey numbers were changed into common public purposes and were named “Shamilat Deh” Hasbi Rasad Khewat Bar Ruqba Buniyadi Mwzruwa by a special mutation known as Tauni- Shamilat. And was further divided into two catagories Shimilat Section 4 and Shamilat Section 5. Shamilat Sec-4 means those chunks of land those were meant for public purposes in a village such as land meant for cattle grazing commonly known as Mehfooz Kahcharia in revenue parlance and few chunks of land under this section were for graveyards, kouls, footh paths, springs, wells, cremenation grounds etc. This land is directly treated under the control of sarkar and encroachment by way of construction, etc is prohibited as per law.
Another type of Shamilat land section 5 is equivalent to the proprietary land of any land holder in a village. On such type of land revenue Cess was charged as per the tax charged on properitary land as per system in a village. On revenue language it is called Mutaliaba Tashree (Mall+ Siwa) and in common people’s language it is known as Mallia less charges. Ask a lay land holder the difference between two Sections of Shamilat Deh and the quick response will be the land under “malia” means cess charges is Shamilat Deh Section 4. It is also correct and evident when we go through the old Jamabandies of any estate and check these chunks of land different survey numbers in an estate. When one finds cess charges are mentioned in the respective coloumn against any survey number it is believed this is the Shamilat Sec 5. Survey number.
Sir Lawrence has done a great job and has created history. It is a fact that he was the mastermind of the land settlement, but in many villages a survey number after change from sarkar to Shamilat Deh has been recorded in birth Sec.4 and Sec.5 Shamilat Deh. For instance in village Poolia of Tehsil Shahabad Bala Survey number 532 is recorded Sec.4 and Sec. 5 . its total area is recorded 55 kanals out of which 15 kanals are Sec 5 and remaining portion of this survey number is Sec.4. Same is the example from Nowgam Shahabad of the same Tehsil. This is an example for reference. In fact these are many such case in maximum number of villages in any tehsil of the whole Union Territory especially in Kashmir Division.
Study reveals that at the time of transforming these chunks of land as Shamilat Deh it was necessary to mention which part of the Survey number is Sec. 4 and Sec 5 and it must have been also recorded in revenue records by special descriptions such as North part of the survey number is Sec.4 and the South part is Sec.5 etc or the part aside Survey number that is Sec.4 and against Survey number that is Sec.5 and it was also essential to mark boundries on these Survey numbers in the Aksilatha of any village there by clarifying both parts of Shamilat Deh. Till date no heed has been given to such a big question by the Revenue department. In this digital age, when the entire record of Revenue department has been digitalized and is available on the internet for the best use of public domain and the preparations for the new land settlement are in voyage. Recently a person from a village in Tehsil Anantnag came in District Record Room Anantnag and requested for certified copy of “Taykni Shamilat Mutation” on checking the record this author found that the elobrated order by the attesting authority on this mutation was not clearly specking about Sec.4 and Sec.5. This author remained the same order mentioned in the mutation in village Poolia under Survey number 532, no doubt some portion in the order is mentioned aside Koul and the remaining part aside road meant for cattle grazing indicates Sec.4. But on spot the situation is totally different the cultivable part which came under Cess charges is located on road side while as the portion of land without Cess charges is on river side. If Shajrakat may have been mentioned on the Aksi Latta and it may have been mentioned in Revenue records too situation may have become easier. Many times Revenue officers and officials and even courts do not decide which part is Sec.4 and Sec.5. This needs attention from the Revenue department before taking settlement process into consideration. Revenue department should take law department on board to find the solution of this problem.
(The author is a freelancer. The views, opinions, facts, assumptions, presumptions and conclusions expressed in this article are author’s own and aren’t necessarily in accord with the views of “Kashmir Horizon”.)
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