J&K LAND LAW AMENDED BY THE CENTRE: ANYONE CAN BUY LAND IN J&K NOW

J&K-LAND-LAW-2020

J&K LAND LAW AMENDED BY THE CENTRE: ANYONE CAN BUY LAND IN J&K NOW

J&K LAND LAW : There has been a historic change in the Land Laws of J&K. Centre notifies new amendment by omitting “Permanent resident” from Land Laws. Under the newly introduced J&K Development Act, people, as well as any investors outside the Union Territory, can purchase land in J&K now.

The new law called the UT of J&K Reorganization Third Order,2020 comes into force with an immediate effect from 27 Oct 2020. But this new amendment is not applicable to Ladakh due to negotiations by Ladakhi leaders. The Centre is likely to notify different land laws for UT of Ladakh soon.

Any Indian citizen can now invest in the city of paradise without any hassle. Introduction of new Land Laws may help in reversing Demographic Invasion of J&K. This may bring more development and may pave ways for more industries to be set up in J&K and ultimately this may lead way to more employment.

On August 5th, 2019 the Centre had Abrogated Article 370 of Constitution, which provided special status to state diverging the state into two Union Territories of J&K and Ladakh. Earlier, there was restriction regarding any purchase of land in J&K by anyone outside the region and gave all the citizens of J&K special status of permanent residents.

J&K-LAND-LAW

According to the third order, Ministry of Home Affairs repealed 12 state laws and others out of 26 adapted with changes or substitutes. This includes the J&K Big Landed Estates Abolition Act that had resulted in infamous ‘Land to tiller’rights. With the new land laws, anyone can purchase land in J&K even without papers like domicile certificate and the state subject certificate.

The laws which have been repelled are the J&K Alienation of Land Act,1995, the J&K Big Land Estates Act, the J&K Common Lands (Regulation) Act,1956 and the J&K Consolidation of Holdings Act,1962.

According to the notification, agricultural land can be transferred with the government’s approval. The land law states “no sales, gift, exchange, or mortgage of any land will be valid in favour of a person who is not an agriculturalist, unless the government may grant permission for the same”. Although agricultural land cannot be used for non-agricultural purposes in the normal course, it can be done with prior permission from the government.

The new changes in the Land Laws are the direct implications of the abrogation of Article 370 and 35A of the Constitution. It is termed as the integration of Jammu & Kasmir with rest of the country.

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Sabhia Sharma