Center notifies land laws of Jammu and Kashmir, omits ‘permanent resident’ criterion
Both individuals and investors outside of Jammu and Kashmir can now purchase land in the Union Territory (UT), as the Center on Tuesday notified new land laws for the region, ending the exclusive rights of locals over the land granted under the now repealed Article 370.
Under the recently introduced J&K Development Act, the term “be a permanent resident of the State” as a criterion has been “omitted”, paving the way for investors outside of J&K to invest in UT.
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The Center has been arguing that Article 370 hampered development at UT, as investors were unable to purchase land before August 5, 2019.
Laws for Ladakh soon
The Center is likely to notify separate land laws for Ladakh UT soon.
“We want, like in other parts of India, industries to establish themselves in J&K. My government is committed to peace, progress and prosperity, ”said Lieutenant Governor Manoj Sinha.
Under the ‘transfer of land for the purpose of promoting health or education’, the government can now allow the transfer of land “in favor of a person or an institution for the purpose of promoting health care or upper secondary education or superior or specialized in J&K ”.
According to the amendments made to the “Jammu and Kashmir Land Revenue Law, Samvat, 1996”, only J&K farmers can buy agricultural land. “No sale, donation, exchange or mortgage of the land will be valid in favor of a person who is not a farmer,” it reads.
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However, the restriction on conversion of agricultural land and the authorization process of the non-agricultural clause imposes conditions on the use of agricultural land. “No land used for agricultural purposes will be used for non-agricultural purposes except with the permission of the district harvester,” it read.
Under a new provision, an Army officer not below the rank of Corps Commander can declare an area as a “Strategic Area” within a local area, only for the direct operational and training requirements of the armed forces.
The introduction of the J&K UT Third Order of Reorganization (Central Laws Adaptation), 2020 by the Ministry of the Interior (MHA) has resulted in the repeal of at least 11 land laws in vogue at J&K previously, including the J&K Big Landed Estates Abolition Act which had given rise to the famous “Land to Farm” rights.
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NC, PDP oppose the movement
Political parties, including the National Conference (NC) and the People’s Democratic Party (PDP) opposed the measure.
“The amendments have put J&K up for sale. With these new laws in place, tokenism has been removed from the certificate of domicile, as the purchase of non-agricultural land has been made easier. These new laws are unacceptable to the people of J&K, ”said North Carolina Vice President Omar Abdullah.
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PDP President Mehbooba Mufti said: “Yet another step that is part of nefarious designs to disempower and disenfranchise the people of J&K. From the unconstitutional scrapping of article 370 to facilitating the looting of our natural resources and finally putting land for sale in J&K. These blatant measures reinforce the need for the people of the three J&K provinces to fight together. “
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