Any Citizen of India can buy Non-Agricultural land in J&K, says centre
30, Dec 2021
Prelims level : Policies Mains level : GS-II Government policies and interventions for development in various sectors and issues arising out of their Design and Implementation.
Why in News?
- The Centre and the Jammu and Kashmir Union Territory governments, at the first ever ‘J&K Real Estate Conference’ held in Jammu recently, have decided to throw open local real estate for “second homes and summer homes” to all the citizens of the country, in a Major Push to attract investments from real estate bigwigs.
About the News:
- In October 2020, the Ministry issued a notification and amended the Land Revenue Act, paving the way for anyone from other parts of the country to buy land in J&K, including agricultural land.
- There are 12 States, including Himachal Pradesh, which have provisions to regulate ownership and transfer of land under Article 371 of the Constitution. Earlier, only permanent residents – as defined by the Assembly — were eligible to buy immovable property.
- Under the newly introduced Jammu and Kashmir Development Act, the term ‘being permanent resident of the State’ as a criterion has been ‘omitted’, paving the way for Investors outside Jammu and Kashmir to invest in the Union Territory.
- As a result, any citizen of India can buy non-agriculture land in Jammu and Kashmir.
Does the Laws are Applicable for Ladakh too?
- This law is only applicable for the UT of Jammu & Kashmir and not for Ladakh.
What does the Law Says?
- Under the ‘transfer of land for the purpose of promotion of healthcare or education’, the government may now allow transfer of land “in favour of a person or an institution for the purpose of promotion of healthcare or senior secondary or higher or specialized education in J&K”.
- According to amendments made to “The Jammu & Kashmir Land Revenue Act, Samvat, 1996”, only agriculturists of J&K can purchase agricultural land. “No sale, gift, exchange, or mortgage of the land shall be valid in favour of a person who is not an agriculturist”.
- The Restriction on Conversion of Agricultural Land and Process for Permission of Non-Agriculture clause, however, puts conditions on the use of agricultural land. “No land used for agriculture purposes shall be used for any non-agricultural purposes except with the permission of the district collector”.
- Under a new provision, an Army officer not below the rank of Corps Commander can declare an area as “Strategic Area” within a local area, only for direct operational and training requirements of the armed forces.
- The introduction of the UT of J&K Reorganisation (Adaptation of Central Laws) Third Order, 2020 by the Ministry of Home Affairs (MHA) has resulted in the repeal of at least 11 land laws in vogue in J&K earlier, including the J&K Big Landed Estates Abolition Act that had resulted in famous ‘Land to tiller’ rights.