October 27, 2020

Any Indian citizen can now buy land in JK, new rules notified for JK and Ladhak

Srinagar/Oct,27: The Ministry of Home Affairs (MHA) has notified new laws, including fresh land laws, for the Union Territories (UTs) of J&K and Ladakh and omitted any precondition on purchase of land in J&K, as existed under Article 370 for the outsiders.

Under the newly introduced J&K Development Act (XIX of 1970), it notified that “omit, being permanent resident of the State”. In a fresh notification, Section 30 of and Part VII of the State Land Acquisition Act, Samvat 1990 was substituted by the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (30 of 2013). Introducing the J&K Agrarian Reforms Act, the Jammu and Kashmir Forest Act, 1987 was also substituted by the Indian Forest Act, 1927 (16 of 1927).The Centre also completely repealed the J&K Alienation of Land Act, 1995 and the J&K Big Land Estates Act and the J&K Common Lands (regulation) Act, 1956 and the J&K Consolidation of Holdings Act, 1962.

The fresh notification underlined that the government may on the written request of an Army officer not below the rank of Corp Commander 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.

Under the transfer of land for the purpose of promotion of healthcare or education 133-J, the government may 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 specialised education in the Union Territory of Jammu and Kashmir.

The Centre has repealed most of the previous land laws, including the J&K Prevention of Fragmentation of Agricultural Holdings Act, 1960; J&K Prohibition on Conversion of Land and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.

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