The Puucho Explains | Who can buy or sell land in J&K, and what are the other rules governing it?
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What amendments have been caused in authorities land holdings? What about legal guidelines for Ladakh?
The story to date: On October 26, the Ministry of Home Affairs (MHA) introduced a number of amendments to land legal guidelines for the Union Territory of Jammu Kashmir (J&K), together with the Jammu and Kashmir Development Act of 1970, which until now entitled solely everlasting residents to buy or sell property in the former State, and the J&K Land Revenue Act, 1996. The MHA notification stated the “Union Territory of Jammu and Kashmir Reorganisation (Adaptation of Central Laws) Third Order, 2020 shall come into force with immediate effect and will encourage development in the UT of Jammu and Kashmir”. In August 2019, the particular standing granted to Jammu and Kashmir beneath Article 370 and Article 35A was revoked. Section 96 of the J&K Reorganisation Act, 2019 empowers the MHA to adapt and modify any regulation by the use of repeal or modification earlier than the expiration of 1 12 months from the appointed day of the Union Territory of J&K, which is October 31, 2019.
What are the modifications?
The MHA has amended sections of the J&K Land Revenue Act, 1996 and the J&K Development Act of 1970. The 1996 Act pertains to administration of agricultural land and the 1970 Act offers with zonal improvement plans figuring out land use for public buildings, roads, housing recreation, trade, enterprise, markets, colleges, hospitals and public and non-public open areas. According to the modification to the Land Revenue Act, anybody from any a part of the nation can now buy land in J&K, together with agricultural land. Though the amendments prohibit sale, switch, mortgage and conversion of agricultural land to a non-agriculturist in the UT, it can nonetheless be allowed, “provided that the Government or an officer authorized by it in this behalf may grant permission to an agriculturist to alienate the land to a non-agriculturist by way of sale, gift, exchange or mortgage”.
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The authorities can permit the switch of agricultural land to a public belief for charitable work, healthcare, schooling, industrial or industrial functions. A Board of Revenue headed by a Financial Commissioner has been constituted and a recent clause defining “agricultural land” as land which is used or is able to getting used for agriculture and allied actions, together with fallow land, has been inserted. The modification deletes the “permanent resident” provision in the 1970 Act that offered housing websites inside the vary of 25-30 sq. metres to everlasting residents belonging to “economically weaker section” and “low income groups”. Now, economically disadvantaged folks from all elements of the nation can be eligible for such housing websites.
A recent provision has been added, by which the authorities, on the written request of an Army officer not beneath the rank of a Corps Commander, could declare an space as a “strategic area” for direct operational and coaching necessities of the armed forces.
It additionally creates the Jammu and Kashmir Industrial Development Corporation for establishing industrial centres and industries in the UT. The Corporation shall encompass twelve administrators, 4 of whom may very well be nominated from the non-public sector with expertise in “industry or trade or finance”. The Corporation may have the energy to accumulate movable and immovable property, and to lease, sell, trade or switch any property held by it. If the Corporation is unable to accumulate land by an settlement, the authorities might order proceedings beneath the Right to Fair Compensation and Transparency in Land Acquisition Rehabilitation and Resettlement Act, 2013 and purchase the land for “public purpose”. No court docket can take cognisance referring to property vested in the Corporation, besides when the Corporation recordsdata a grievance. No authorized swimsuit can be filed in opposition to officers of the Corporation with out a prior discover of two months and not later than six months from the date of grievance.
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What amendments have been caused in authorities land holdings?
The Jammu and Kashmir Land Grants Act, 1960, which regulates grant of presidency land on lease and earlier utilized to city areas of Jammu, Srinagar and cities, will now be prolonged to the whole UT. The modification omits the everlasting resident clause to get authorities land on lease for “residential purposes”. The J&K Agrarian Reforms Act, 1976, which offered for switch of land from large land house owners to tillers, has been amended. The erstwhile agrarian reforms Act acknowledged that solely as much as two kanals (0.25 acre) of land may very well be held per household for residential functions.
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What about legal guidelines for Ladakh?
The predominant political events in J&K have questioned the land legal guidelines, and say the Centre engaged with Ladakh and not J&K on land legal guidelines and job safety. The legal guidelines for Ladakh haven’t but been notified as native leaders have demanded inclusion in the Sixth Schedule (tribal) of the Constitution to guard their land from “outsiders”.
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