IT Correspondent
New Delhi,Oct 28 :
The Centre has notified new land rules governing municipal areas in Jammu and Kashmir allowing any Indian citizen to purchase non-agricultural land in the Union territory, one of the most significant orders post abrogation of Article 370.
As per the notification issued by the Union Ministry of Home Affairs, no domicile or permanent resident certificate is required for purchasing non-agricultural land in Jammu and Kashmir. However, agricultural land can only be purchased by agriculturalists or people engaged in farm-related activities. The term “Permanent Resident” under section 16 of the J & K Development Act 1970 has been deleted. However, the government has not extended the adaptation to Ladakh region.
In March this year, the Centre had issued a gazette notification for the adaptation of 37 central laws in the concurrent list for J&K. The gazette notification was issued by the Union home ministry’s department of Jammu, Kashmir and Ladakh Affairs. Later. in April this year, the home ministry ordered adaptation of Jammu and Kashmir state laws, now called Jammu and Kashmir Reorganisation (Adaptation of State Laws) Order, 2020.
Out of 138 state laws, 25 have been repealed, while other laws have been adopted with substitutes. According to the notification, MHA added a “domicile” clause in the Jammu and Kashmir Civil Services (Decentralisation and Recruitment Act).
On Tuesday, the government issued another notification adapting eleven laws pertaining to the land. In all the centre has repealed 11 laws of the erstwhile Jammu and Kashmir under J&K Re-organisation (Adaptation of Central Laws) third Order, 2020. The legislation repealed as whole include the Jammu and Kashmir Alienation Of Land Act, the Jammu and Kashmir Big Landed Estates Abolition Act and the Jammu and Kashmir Common Lands (Regulation) Act, 1956.
The Centre has repealed most of the previous land laws, including the J&K Prevention of Fragmentation of Agricultural Holdings Act, 1960, J&K Prohibition on Conversion of Land and Alienation of Orchards Act, 1975, the J&K Right of Prior Purchase ACT, 1936 A.D, Section 3 of the J&K Tenancy (Stay of Ejectment Proceedings) Act 1966, the J&K Utilisation of Land Act, 2010, and the J&K Underground Utilities (Acquisition of rights of user in land) Act.
However political parties in J & K have opposed the change in rules saying it was like putting J&K up for sale. “Unacceptable amendments to the land ownership laws of J&K. Even the tokenism of domicile has been done away with when purchasing non-agricultural land and transfer of agricultural land has been made easier. J&K is now up for sale and the poorer small land holding owners will suffer,” former chief minister Omsar Abdullah said
