Comprehensive News & Analysis

31-10-2020 | 15:12 PM

New Land Laws in UT of Jammu & Kashmir        

Context: The Union Government has notified new land laws for the UT of Jammu and Kashmir, ending the exclusive rights enjoyed by the local population over land under the now-diluted Article 370.

Key Highlights

• Recently, the Ministry of Home Affairs introduced UT of J&K Reorganization (Adaptation of Central Laws) Third Order, 2020, which resulted in the repeal of land laws, including the J&K Big Landed Estates Abolition Act.
• Under the newly introduced J&K Development Act, the term ‘being permanent resident of the State’ as a criterion has been ‘omitted’, paving the way for investors outside J&K to invest in the UT.
• No land used for agriculture purposes shall be used for any non-agricultural purposes except with the permission of the district collector.
• The government may now allow transfer of land in favor of a person or an institution for the purpose of promotion of healthcare or senior secondary or higher or specialized education in J&K.
• 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.

Arguments for such move

• The Union Government has been arguing that Article 370 hampered development in the Jammu and Kashmir as investors were unable to purchase land prior to August 5, 2019.