Jammu & Kashmir High Court – Srinagar Bench
Ghulam Mohammad Dar vs Union Territory Of J And K And on 6 July, 2026
Author: Moksha Khajuria Kazmi
Bench: Moksha Khajuria Kazmi
Serial No. 4
Cause list
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT SRINAGAR
WP(C) 1311/2026 CM(3518/2026) CM(3846/2026)
GHULAM MOHAMMAD DAR ...Appellant(s)/Petitioner(s)
Through: Mr. Mudasir Bin Hassan, Advocate
Vs.
UNION TERRITORY OF J AND K AND
...Respondent(s)
OTHERS
Through:
CORAM:
HON'BLE MS. JUSTICE MOKSHA KHAJURIA KAZMI, JUDGE.
ORDER
06.07.2026
1. By this petition, petitioner herein is seeking direction upon respondents to
consider and grant permission for conversion/use of the land measuring 1
Kanal and 3 ½ Marlas, falling under Survey No. 2150, situated at Estate
Konibal Tehsil Pampore and District Pulwama for construction of a
residential house in accordance with the provisions of the Jammu and
Kashmir Saffron Act, 2007 and the rules framed thereunder.
FACTUAL MATRIX:
2. Petitioner herein is an owner of land measuring 1 Kanal and 3 ½ Marlas,
falling under Survey No. 2150, situated at Estate Konibal Tehsil Pampore
and District Pulwama. The land is recorded and classified as Saffroni as
depicted in the revenue record. The classification of the said land is neither
used for growing saffron lullis nor had ever been rejuvenated under the
National Saffron Mission (NSM). The residential house already exists
adjacent to the subject land and the surrounding area has also witnessed
substantial residential development.
3. Petitioner herein filed an application before the Minister of Agriculture
Production, Jammu and Kashmir, who is designated as the competent
authority in this regard, seeking permission to raise residential construction
over the land of the petitioner. Since there is a prohibition on the conversion
of saffron land and the saffron land could not be put to non-agricultural use
by anyone otherwise than by following the due process of law.
4. On 07.10.2025, report was submitted with respect to the application
preferred by the petitioner, dated 12.02.2025, by Agriculture Extension
Officer Pampore to Sub-divisional Agriculture Officer, Tral, wherein, he has
quoted that the site in question is located on the prime location of potential
saffron growing areas which comes under the notified area as per SRO 314.
Sub-section 1 of Section 3 of Saffron Act, 2007 reads as under:
“Notification of Saffron Belts— (1) “The Government may, by
notification in the 3 [Official Gazette], notify the Saffron Belts
in Districts of Pulwama and Doda and potential saffron growing
belts in other districts of the State”.
(2) The subsection 2 of Section 3 of Saffron Act 2007 further
states that “On issuance of the notification under Sun-section
(1), no land within the area so notified shall be used for any
purpose other than growing of saffron lullis:
Provided that an area not exceeding two Kanals of land may be
used for construction of residential house by owner with the
previous permission of the 1[Deputy Commissioner of the
concerned District in consultation with Director Agriculture]”
5. Vide communication dated 20.05.2026, Director Agriculture, Kashmir,
communicated to The Chief Agriculture Officer, Pulwama, thereby directing
him to report authenticated revenue extracts, site photographs, geo-
referenced location details and specific recommendations to his office with
respect to the application of the petitioner.
6. Learned counsel for the petitoner states that the petitioner would feel
satisfied if the instant petition is disposed of with a direction to Respondent
No. 2 and 3 to consider the application of the petitioner dated 12.02.2025,
within a reasonable period of time.
7. Be that as it may, instant petition is disposed of, with a direction to
respondent Nos. 2 and 3 to consider and decide the application of the
petitioner for grant of permission for conversion/use of the land measuring 1
Kanal and 3 ½ Marlas falling under Survey No. 2150 situated at Estate
Konibal Tehsil Pampore and District Pulwama for construction of a
residential house strictly in accordance with the provisions of the Jammu and
Kashmir Saffron Act, 2007 and the rules framed thereunder within a period
of two months from the date of furnishing copy of the writ petition along
with this order to respondents 2 and 3.
8. Disposed of.
(MOKSHA KHAJURIA KAZMI)
JUDGE
SRINAGAR:
06.07.2026
“Misba”
