Indian Armed Forces - Army, Navy, IAF and Paramilitary Forces - CRPF, BSF will no longer require NOC for land acquisition in Jammu and Kashmir

In a significant move, the J&K administration has withdrawn a 1971 circular that required a no objection certificate (NOC) from its home department for acquisition or requisition of land in favour of the Indian Armed Forces like the Army, BSF, CRPF etc. Now, the Army, CRPF and the BSF would no longer need a no objection certificate (NOC) for acquisition/ requisition of land in Jammu and Kashmir.

BSF personnel stand guard (Image for representation | Bloomberg Quint)

The development comes as the Central law on land acquisition is being extended to the Union Territory of Jammu and Kashmir.

Such acquisition in J&K will now be covered under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.

With the abrogation of Article 370 defence forces won't face any major hurdle in acquiring land in Jammu and Kashmir.

This will go a long way in the construction of strategic infrastructure in time bound manner!

A giant leap in the right direction!https://t.co/8rUSez57Ps

— Y. Satya Kumar (@satyakumar_y) July 28, 2020

"In view of the extension of Right to Fair compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 to the UT of J&K, the circular No. Rev(LB) 71/13-A dated 27.08.1971 which prescribed obtaining of No Objection Certificate from the Home Department for Acquisition/Requisition of land in favour of Army, BSF/CRPF and similar organisation, is hereby withdrawn," states an order issued by the UT's Revenue Department on July 24.

Another historical wrong corrected. In 1971 ⁦@INCIndia⁩ had tied hands of Security forces by requiring them to obtain NOC before they can acquire land in J&K. Govt of J&K finally dropped that absurd clause for NOC. Good step. https://t.co/q9vyHsHwWs

— Sunanda Vashisht (@sunandavashisht) July 28, 2020

The Jammu and Kashmir administrtaion further adds that Collectors for land acquisition in every district, designated under the Right to Fair Compensation Act, and the Competent Authority Land Acquisition (CALA) under the National Highway Act, 1956, have been asked to process the cases of land acquisition/ requisition strictly in accordance with the provisions of these two Acts and the rules made thereunder henceforth.

What is Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013?

The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 provides for 

land to be acquired "for strategic purposes relating to naval, military, air force, and armed forces of the Union, including central paramilitary forces or any work vital to national security or defence of India or State police, safety of the people".

The Act, in consultation with institutions of local self-government or administration, accounts for land to be acquired “for strategic purposes relating to naval, military, air force, and armed forces of the Union, including central paramilitary forces or any work vital to national security or defence of India or State police, safety of the people” and states that the Centre is “the appropriate authority for acquisition of land”.

Forces no longer need NOC for land acquisition in J&K https://t.co/FMUUd0ltgl

— The Tribune (@thetribunechd) July 29, 2020

However, after a huge row over the amendment of the Act, the J&K administration has clarified that the move will allow construction in “strategic areas” only, where the Armed forces have “direct operational and training requirements”.


   Source: India Today, The Hindu, Indian Express, India.com & Twitter