New land law for Jammu and Kashmir

GS 2 GOVERNANCE Government policies and interventions for development in various sectors and issues arising out of their design and implementation.

Introduction

Before the repeal of Article 370 and Article 35-A in August last year, non-residents could not buy any immovable property in Jammu and Kashmir.

Section 96 of the J&K Reorganisation Act, 2019:         

Centre has the powers to repeal or amend the laws.

J&K New Land Law , 2020

  • Under the new arrangements, no domicile or permanent resident certificate is required to purchase non-agricultural land in the UT. 
  • The Union home ministry has also notified the Real Estate (Regulation and Development) Act, 2016
    • Paving way for the acquisition of land in J&K by all Indian citizens.

CHANGES MADE BY J&K LAND LAW 2020

Permanent Resident
  • The term permanent residents of the state has been removed from important provisions of laws.
  • No domicile or permanent resident certificate is required to buy land in J&K
  • Urban or on agricultural land can be sold to outsiders.
  • Some restrictions are imposed on agri lands.
Implementation of RERA and JKIDC
  • Real Estate (Regulation & Development) Act , 2016 has been notified in the UT.
  • J&K Industrial Development Corporation (JKIDC) has been established to acquire ,promote and sales of land for the purpose of industrial undertakings.
Declaration of strategic area
  • Army officer not below the rank of Corp Commander can request an area to be declared as a Strategic Area.
  • Area will be outside of the purview of the Act and may be used for direct operational and training requirements of armed forces.
Usage of Agricultural land 
  • No restrictions on purchase of farm land by non-J&K agriculturist.
  • Bar on sale of agricultural land to non-agriculturist except for the purposes like :
    • Public purposes in favour of public trusts for charitable purposes.
    • Promotion of healthcare or senior secondary or higher or specialised education.
  • Permitted non agriculturists would have to use the allotted land only for purposes intended during allotment.
  • Special protection to grazing land or those that grow fuel and fodder.

Law is not applicable to the Union Territory of Ladakh.

Gupkar Alliance has termed this law as a massive assault on the rights of the people of J&K.

Conclusion

        Several organisations welcomed the new land laws in Jammu and Kashmir and said that ownership rights extended to the entire country is a welcome step towards the “one nation, one law and one rule” setup.          This will also bring in much needed investment and generate employment that will benefit the residents of the state

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