The Center has paved the way for people from outside Jammu and Kashmir to purchase land in the union’s territory by amending various laws, more than a year after the annulment of Articles 370 and 35A of the Constitution. In a gazette notice, the Center has omitted the phrase “permanent resident of the state” from Section 17 of the Jammu and Kashmir Development Act which deals with the disposition of land in the territory of the union.
READ | J&K now for sale: Omar Abdullah criticizes the Center’s decision to allow anyone to buy land in Jammu and Kashmir
Before the repeal of Section 370 and Section 35-A in August last year, non-residents were unable to purchase any real estate in Jammu and Kashmir. However, the new changes have paved the way for non-residents to purchase land in the union’s territory.
Lieutenant Governor Manoj Sinha told reporters that the amendments did not allow the transfer of agricultural land to non-farmers. However, there are several exemptions in the Act that allow the transfer of agricultural land for non-agricultural purposes, including the installation of educational or health care facilities.
Former General Counsel Mohammad Ishaq Qadri said the amendments have opened floodgates for people outside Jammu and Kashmir to buy land. “Now there is no legal impediment to buying land here by outsiders,” he said.
Former Chief Minister of Jammu and Kashmir Mehbooba Mufti said: “After failing on all fronts to provide roti & rogue people, BJP is creating those laws to whet the appetite of a gullible electorate. These measures Shamelessly reinforcing the need for the people of the three J&K provinces to fight together. “
“Another step that is part of GOI’s nefarious designs to disempower and disenfranchise the people of J&K. From the unconstitutional elimination of Article 370 to facilitating the spoil of our natural resources and finally putting land up for sale in J&K” he added.
The leader of the National Conference, Omar Abdullah, said that the amendments were “unacceptable”. “Unacceptable amendments to J&K land ownership laws. Even the symbolism of domicile has been removed when the purchase of non-agricultural land and the transfer of agricultural land has been simplified. J&K is now for sale and small owners poorer lands will suffer, “Omar tweeted.
The order read: “In exercise of the powers conferred by section 96 of the Jammu and Kashmir Reorganization Act, 2019 (34 of 2019), and of all other powers that enable it in that name, the Central Government by the This order dictates the following Order with respect to the territory of the Union of Jammu and Kashmir, namely: -1. This Order may be called the Third Order of Reorganization (Adaptation of the Central Laws) of the Territory of the Union of Jammu and Kashmir, 2020 It will take effect with immediate effect. “
He also added – 2. The General Clauses Act of 1897 applies to the interpretation of this Order as it applies to the interpretation of the laws in force in the territory of India.
3. With immediate effect, the Laws mentioned in the Annex to this Order, until they are repealed or amended by a competent Legislature or other competent authority, will take effect, subject to the adaptations and modifications indicated in the Annex to this Order, or if so indicated, it will be repealed. “
4. When this Order requires that in any specific section or other part of a Law, certain words be substituted by other words, or certain words are omitted, said substitution or omission, as the case may be, will be, except when expressly provided otherwise, it will be done whenever the words mentioned appear in that section or part.
5. The provisions of this Order that adapt or modify any law in such a way as to alter the manner in which the authority by which or the law under or pursuant to which the powers are exercised shall not invalidate any notice, order, commitment, attachment , statute, rule or regulation duly carried out or issued, or anything duly carried out before October 31, 2019; and any notice, compromise order, embargo, statute, rule, regulation or anything can be revoked, modified or undone in the same way, to the same extent and under the same circumstances as if it had been made, issued or done. after the initiation of this Order by the competent authority and in accordance with the provisions then applicable to such case.
6. The repeal or amendment of any law specified in the Annex to this Order will not affect: (a) the prior operation of any law thus repealed or anything duly done or suffered by virtue of it; (b) any right, privilege, obligation or responsibility acquired, accumulated or incurred by virtue of any law thus repealed; (c) any sanction, forfeiture or punishment incurred with respect to any crime committed against any law thus repealed; or (d) any investigation, legal proceeding or remedy with respect to any right, privilege, obligation, liability, sanction, forfeiture or punishment as mentioned above, and any investigation, legal proceeding or remedy may be instituted, continued or executed, and Any sanction, forfeiture or punishment may be imposed, as if the Jammu and Kashmir Reorganization Act 2019 or this Order had not been approved or issued.
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* Subject to the provisions of subparagraph (1), anything done or any action taken (including any appointment or delegation made, notification, instruction or address issued, form, ordinance or framed scheme, certificate obtained, permit or license granted or registration made or signed agreement) under such law shall be deemed to have been made or adopted in accordance with the relevant provisions of the Central Laws now extended and applicable to the territory of the Union of Jammu and Kashmir and shall continue in force accordingly unless and until it is superseded by anything done or any action taken under the Central Laws now extended to the territory of the Union of Jammu and Kashmir.
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