Centre notifies new J&K land laws, omits 'permanent resident' criteria, anyone can now buy land in J&K...similar laws for Ladakh soon to follow

A notification says the government may on written request of an Army officer not below the rank of Corp Commander declare an area as Strategic Area within a local area.

Representative image

The Centre has notified new laws, including fresh land laws, for the Union Territories (UTs) of J&K and Ladakh and omitted any precondition on purchase of land in J&K, as existed under Article 370 for the outsiders.

Under the newly introduced J&K Development Act (XIX of 1970), it notified that “omit, being permanent resident of the State”.

In a fresh notification, Section 30 of and Part VII of the State Land Acquisition Act, Samvat 1990 was substituted by the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (30 of 2013).

Introducing the J&K Agrarian Reforms Act, the Jammu and Kashmir Forest Act, 1987 was also substituted by the Indian Forest Act, 1927 (16 of 1927).

The Centre also completely repealed the J&K Alienation of Land Act, 1995 and the J&K Big Land Estates Act and the J&K Common Lands (regulation) Act, 1956 and the J&K Consolidation of Holdings Act, 1962.

The fresh notification underlined that the government may on the written request of an Army officer not below the rank of Corp Commander declare an area as Strategic Area within a local area, only for direct operational and training requirements of armed forces, which may be excluded from the operation of this Act and rules and regulations made there under in the manner and to the extent.

Under the transfer of land for the purpose of promotion of healthcare or education 133-J, the government may allow transfer of land in favour of a person or an institution for the purpose of promotion of healthcare or senior secondary or higher or specialised education in the Union Territory of Jammu and Kashmir.

The Centre has repealed most of the previous land laws, including the J&K Prevention of Fragmentation of Agricultural Holdings Act, 1960; J&K Prohibition on Conversion of Land and Alienation of Orchards Act, 1975; the J&K Right of Prior Purchase ACT, 1936 A.D; Section 3 of the J&K Tenancy (Stay of Ejectment Proceedings) Act 1966; the J&K Utilisation of Land Act, 2010; and the J&K Underground Utilities (Acquisition of rights of user in land) Act.

The order comes into force with immediate effect. The General Clauses Act, 1897 applies for the interpretation of this Order as it applies for interpretation of laws in force in the territory of India, the order stated.

Reacting to the government's order, National Conference leader Omar Abdullah expressed happiness over the amendments. In a sarcastic comment, Abdullah claimed that "J&K is now up for sale".

"Unacceptable amendments to the land ownership laws of J&K. Even the tokenism of domicile has been done away with when purchasing non-agricultural land & transfer of agricultural land has been made easier. J&K is now up for sale & the poorer small land holding owners will suffer," Abdullah tweeted.

With the abrogation of Article 370, the act re-constituted the former state of Jammu and Kashmir into two union territories, 'Jammu and Kashmir' and 'Ladakh'.

Earlier in September 2020, the Jammu and Kashmir administration amended the Grant of Domicile Certificate (Procedure) Rules, 2020.

"In exercise of the powers conferred by Article 309 of the Constitution of India, read with Section 15 of the Jammu and Kashmir Civil Services (Decentralisation and Recruitment) Act, 2010, the administration hereby makes the following amendment in the Jammu and Kashmir Grant of Domicile Certificate (Procedure) Rules, 2020," read an official notification.

Source

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