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What Are the New Land Grant Rules in Jammu and Kashmir (J & K)?

  • Published
    23rd Dec, 2022
Context

As per the new laws of Jammu and Kashmir (J &K) regarding land grants, owners no longer have the right to hold properties on leased land. 

About

About the Land grant rules:

  • Background:
    • The Land Grants Rules 1960 includes land grant rules for J & K, under which land was granted on lease for 99 years and had the provision of extension.
    • However, it no more exists, post-5 August 2019, when J&K Reorganisation Act 2019 was enacted.
    • Now, the government has decided to hold the auction online for the leased land.
  • Key features:
    • The J&K government has notified Land Grant Rules-2022 which state that all the outgoing lessees, except subsisting/expired leases for residential purposes, shall immediately handover the possession of the land taken on lease to the government, failing which the outgoing lessee shall be evicted.
    • Under the new land rules in Jammu and Kashmir, land can be leased for education, healthcare, tourism, skill development and recreational purposes.
    • The new land law also states that land can also be provided to ex-servicemen, war widows, families of deprived categories, migrant workers, building and construction workers and sufferers of natural calamities.
    • Besides, it also states that the outgoing lessees will be paid for any structure built on the land, ‘provided the lessee has not violated any of the conditions of the lease’.

Impacts of the Bill:

  • Affect the Local Businesses: The hundreds of business establishments, hotels and shopping complexes in Jammu and Kashmir might have to be closed down since most of these commercial establishments have sprung up on the leased land.
  • Increase poverty and unemployment.
  • Affects the economy of the state.
  • Enforce more people to indulge in Terrorist activities.
  • Trust issue of local people for the government.

The Jammu And Kashmir LAND GRANTS ACT, 1960:

  • In this Act, unless the context otherwise requires:-
    • “building purposes” means the construction of a building or buildings for residential, commercial or industrial purposes and includes an addition to or alterations and improvement of existing buildings, courtyards and compounds;
    • “Land” means land which belongs to Government and includes buildings standing on such land;
    • “Prescribed” means prescribed by rules made under this Act;
    • “Single Family” includes a person or wife or her husband and children living with and dependent upon the parent, but does not include sons living separately with wives and children.

Power of Government related to land laws:

  • Government to have a right of re-entry on expiry of Lease On the expiry of the period of lease granted under this Act or under the rules for Allotment of building sites in Srinagar and Gulmarg Svt.1962, or under the rules for Grant of land in Jammu and Kashmir for Building purposes or under the rule for Grant of Land at Gulmarg or Pahalgam in Kashmir for building purposes or under any instrument executed there under.

Power to make rules:

  • The Government may make rules for the purposes of carrying out the provisions of this Act.
  • Without the prejudice to the generality of the foregoing power, such rules may provide for –
  • The conditions of a lease;
  • The authorities in which the management and administration of land shall be vested, and the powers and functions to be exercised by such authorities; and
  • Forms, registers and maps to be maintained under this Act.

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