People from outside J-K to buy land there as Centre amends laws
The Centre has paved the way for people from outside Jammu and Kashmir to buy land in the union territory by amending several laws, more than a year after the nullification of Articles 370 and 35A of the Constitution.
In a gazette notification, the Ministry of Home Affairs has made several changes to the land laws, including allowing use of agricultural land for setting up facilities of public purpose.
The most important change has been made in the Jammu and Kashmir Development Act that deals with disposal of land in the union territory as the Centre has omitted the phrase “permanent resident of the state” from Section 17 of the law.
The fresh changes have paved the way for non-residents to buy land in the union territory.
The notification has replaced Section 30 and Part VII of the State Land Acquisition Act of 1990 with the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.
The other major laws repealed by the notification includes the J&K Big Landed Estates (abolition) Act, a landmark act brought in by Sheikh Abdullah that gave land rights to landless tillers.
The JK Alienation of Land Act, 1995, the JK Common Lands (regulation) Act, 1956 and the JK Consolidation of Holdings Act, 1962 were also repealed.
Other laws to be repealed are the J&K Prevention of Fragmentation of Agricultural Holdings Act, 1960; JK Prohibition on Conversion of Land and Alienation of Orchards Act, 1975; the JK Right of Prior Purchase ACT, 1936 A.D; Section 3 of the J&K Tenancy (Stay of Ejectment Proceedings) Act 1966; the JK Utilisation of Land Act, 2010; and the J&K Underground Utilities (Acquisition of rights of user in land) Act.
The notification also maintains that government on the written request of an Army officer not below the rank of Corp Commander may 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.
