Centre throws open J&Okay for land sale, Gupkar events time period it enormous betrayal

Written by Deeptiman Tiwary
, Naveed Iqbal
| New Delhi, Srinagar |

October 28, 2020 4:45:23 am

Whereas the brand new clauses technically open Jammu and Kashmir for buy of land by outsiders, the federal government could present some safety via notifications.

IN A DECISION that mainstream political events in Kashmir mentioned stokes fears of demographic change, the Centre on Monday amended and notified land legal guidelines for the Union Territory of Jammu and Kashmir and explicitly omitted the safety earlier accessible to its ‘everlasting residents’.

The amended legal guidelines open up city or non-agricultural land for buy by outsiders, allow contract farming on agricultural lands, present for organising of an industrial improvement company, and in addition insulate zones recognized for improvement from software of assorted legal guidelines that earlier ensured possession remained with ‘everlasting residents’.

The legal guidelines, as amended, don’t place any restrictions on buy of farm land by non-J&Okay agriculturists, and in addition don’t impose limits on the quantum of space for constructing a residence or a store, because it exists in sure hilly states together with Himachal Pradesh.

These new amendments are, nonetheless, not relevant to the Union Territory of Ladakh.

Nationwide Convention Vice President Omar Abdullah mentioned, “J&Okay has been put up on the market and left bereft of any fundamental protections. The amendments add to the concern of demographic adjustments. They need to alter the character of this place.”

The Individuals’s Alliance for Gupkar Declaration (an alliance of political events together with Nationwide Convention, PDP, CPI, CPM and Individuals’s Convention) described the Centre’s motion as a “enormous betrayal”. “It’s a large assault on the rights of the individuals of Jammu and Kashmir, and is grossly unconstitutional,” mentioned the alliance’s spokesperson Sajad Lone, who can be the President of Individuals’s Convention.

A notification revealed within the official gazette on Monday reveals that the reference to ‘everlasting residents of the State’ has been faraway from legal guidelines that present for housing for economically weaker sections and low-income teams. Additional, the federal government can now prescribe dimensions for such websites; earlier they had been mounted and specified within the legislation itself.

Land acquired by the federal government for industrial or industrial functions can now be allowed to be disposed of or offered to anybody. Earlier, solely ‘everlasting residents’ of Jammu and Kashmir might buy such land.

Whereas the brand new clauses technically open Jammu and Kashmir for buy of land by outsiders, the federal government could present some safety via notifications.

Earlier within the day, Manoj Sinha, Lieutenant Governor, Jammu and Kashmir, informed The Indian Express, “Ekdum aashwast rahiye, kisi ko zameen nahin dee jayegi (Relaxation assured, land won’t be given to anyone). But when somebody needs to arrange an trade they should be given land. That will likely be completed via industrial parks.”

He mentioned whereas agricultural land would stay reserved for agriculturists, “for industrial areas – which might be being recognized – we wish that industries ought to come to J&Okay like different elements of the nation in order that improvement can happen and youth can get employment.”

On the organising of business models, J&Okay Chief Secretary BVR Subrahmanyan mentioned, “We don’t need polluting trade, we don’t need metal and iron. Within the subsequent 2-3 days, every part will get clarified.”

In amendments to the Jammu and Kashmir Agrarian Reforms Act, the Centre has mentioned no individual shall switch land to any individual apart from the “Authorities, or its companies and instrumentalities”. Earlier, it was restricted to “Authorities of Jammu and Kashmir”. It has additionally mentioned that nothing shall prohibit switch of possession of land for ‘contract farming’, or grant of lease or mortgage for mortgage. Earlier, it was restricted to mortgage for mortgage.

Some essential amendments have additionally been made to the Jammu and Kashmir Improvement Act, 1970. The Centre has launched Part 11A to the Act which protects notified improvement zones from software of Land Income Act and Agrarian Reforms Act.

“Upon coming into operation of the grasp plan or a zonal plan, the land use permitted within the space coated thereunder shall solely be as offered when it comes to such grasp or zonal plan. The provisions of the Jammu and Kashmir Agrarian Reforms Act, 1976, Jammu and Kashmir Land Income Act, Samvat 1996 or another legislation in the interim in drive requiring any permission to alter the utilization of any land, shall not be relevant to any land so coated,” states Part 11A. Nevertheless, some safety is prolonged via amendments to the Jammu and Kashmir Land Income Act.

By insertion of Part 133 H within the Agrarian Reforms Act, the Centre has utterly barred sale of agricultural land to “non-agriculturist”, but it surely has offered for a number of conditions underneath which sale can nonetheless occur.

It has mentioned that such land could be transferred to Authorities or “a Firm or a Company or a Board established by or underneath a statute and owned and managed by the Authorities or a Authorities Firm as outlined within the Firms Act, 2013” offered it’s used for ‘public functions’. Such transfers can even occur in favour of public trusts for ‘charitable functions’.

The federal government can even resolve to switch agricultural land in favour of “an individual or an establishment for the aim of promotion of healthcare or senior secondary or greater or specialised schooling”.

The Authorities can “permit switch of land, as outlined within the mentioned part, in favour of any individual, establishment or company, for such industrial or industrial or housing functions or agricultural functions or another public objective as could also be notified by the Authorities for industrial and industrial improvement of the Union Territory.”

Nevertheless, all such “non-agriculturists” must use the allotted land just for functions supposed throughout allotment and would by no means be recognised as agriculturists.

The Centre has additionally diluted restrictions on conversion of agricultural land to non-agricultural land. Earlier such conversion might solely be completed solely with the permission of the Income Minister. It might now be completed with the permission of the District Collector.

By insertion of a brand new part, particular safety has been given to grazing land or those who develop gas and fodder, albeit they too could be transformed with the Collector’s permission.

The Centre has additionally expanded Part 13 which offers with “permission to be taken for improvement” from the authority involved. It has mentioned the Authority could “declare any zone or half thereof as improvement space for the needs of this Act”.

By amendments to Part 16 of the Act, the federal government has opened doorways for acquisition of land for functions of improvement underneath the Proper to Honest Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.

In Part 17 too, the federal government has eliminated the reference to ‘everlasting residents’. The brand new studying of the Part states that the involved Authority could get rid of any land acquired by the federal government to anybody on circumstances it deems match for improvement.

The Centre has launched a brand new chapter to the Act for institution of Jammu and Kashmir Industrial Improvement Company. The perform of JKIDC can be “to advertise and help within the fast and orderly institution, development and improvement of industries within the Union Territory of Jammu & Kashmir” the place it shall develop land for institution of industries, and set up and handle industrial estates.

JKIDC shall have the ability “to accumulate and maintain such property, each movable and immovable because the Company could deem crucial”, “to buy by settlement or to tackle lease or underneath any type of tenancy any land, to erect such buildings and to execute such different works as could also be crucial” and “to make accessible buildings on rent or sale to industrialists or individuals intending to start out industrial undertakings”.

In Part 3, which offers with the notification of native space for improvement and with the structure of a improvement authority, the Centre has inserted a brand new clause that provides authorities powers to declare an space as “strategic” on the request of the armed forces.



“However something contained on this Act, the Authorities could on the written request of an Military officer not under the rank of Corp Commander, declare an space as Strategic Space inside an area space, just for direct operational and coaching necessities of armed forces, which can be excluded from the operation of this Act and guidelines/ rules made there underneath within the method and to the extent specified within the declaration and the Authorities could fulfill itself concerning the causes cited for declaring the world as strategic space and can have such space notified accordingly with such circumstances as could also be required.”

Among the key acts that the Centre has abolished with regard to land rights embody The Jammu and Kashmir Alienation of Land Act, Samvat 1995; The Jammu and Kashmir Massive Landed Estates Abolition Act, Samvat 2007; The Jammu and Kashmir Frequent Lands (Regulation) Act, 1956; The Jammu and Kashmir Consolidation of Holding Act, 1962; The Jammu and Kashmir Land Enchancment Schemes Act, 1972; The Jammu and Kashmir Prevention of Fragmentation of Agricultural Holdings Act, 1960; The Jammu and Kashmir Prohibition of Conversion of Land and Alienation of Orchards Act, 1975; The Jammu and Kashmir Tenancy (Keep of Ejectment Proceedings) Act, 1966; The Jammu and Kashmir Tenancy Act, Svt.1980; and The Jammu and Kashmir Utilization of Lands Act, Svt. 2010.

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