MHA Amends the J&K Land Revenue Act – Burning Issues

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After the J&K’s special status under Article 370 of the Constitution was withdrawn on 5 August 2019, the reorganisation Act bifurcated the erstwhile state into two union territories — J&K and Ladakh.

NEW LAND ORDER FOR J & K

According to the MHA, the ‘Union Territory of Jammu and Kashmir Reorganisation (Adaptation of Central Laws) Third Order, 2020’ shall come into force with immediate effect.
The Government of India Monday issued a notification stating that any Indian citizen can now buy land, except agricultural, in municipal areas of Jammu and Kashmir without being a domicile.

Under the notification, for the first time the spouse of a Jü&K domicile shall also be deemed as a domicile. Earlier, spouses of Permanent Resident Card holders were consideredü at par but were not considered domiciles. Children of central government officials posted for over ten yearsü in Jammu and Kashmir will also continue to be considered domiciles.

It “will encourage development in the UT of Jammu and Kashmir” . “On the areas identified as ‘industrial areas’, we want good industries to come up here, like in the rest of the country, so that there is progress, development and employment,” Sinha said.

Lieutenant Governor Manoj Sinha said in Srinagar “agricultural land has been reserved for farmers and no one will interfere with it” .
However, the rules state that agricultural land can be transferred with the government’s approval. an agriculturist can sell, gift or mortgage his land to a non agriculturist, provided nothing bars the lease of that land under the provisions of any law.

A senior government official said even non-agricultural land will not be randomly handed over to industries.
“We cannot get polluting and other hazardous industries in this pristine environment,” the official said.

The notification further states that use of agricultural land for making a residential accommodation or grain storage cannot exceed four hundred square metres in total.

“Also, any attempt to convert agriculture land for non-agriculture use by contravening the aforesaid provisos by way of fragmenting the land or otherwise shall be considered violation of the provisions of this act,” the rules state.
No such permission, however, will be granted in the areas notified as eco-sensitive zones by the government.
Land that is used to grow fuel or fodder cannot be used for any other purpose, except with the permission of the district collector.

The rules also state that the government may, on the written request of an Army officer not below the rank of corps commander, declare an area as “strategic area within a local area” , for direct operational and training requirements of armed forces.