MHA notifies new rules: Any Indian citizen can buy land in Jammu and Kashmir

Srinagar, Oct 27: The Centre has paved the way for people from outside Jammu and Kashmir, to buy land in the Union Territory of Jammu and Kashmir. The MHA notified the UT of Jammu and Kashmir Reorganisation (Adaptation of Central Laws) Third Order 2020.

In this the Centre has repealed or substituted 26 state laws. The notification omitted the phrase, permanent resident of the state from Section 17 of the Jammu and Kashmir Development Act that deals with disposal of land in the UT.

Prior to Article 370 being repealed in August last year, non-residents could not buy immovable property in Jammu and Kashmir. These changes now have paved the way for non-residents to buy land in the UT.

Lieutenant Governor, Manoj Sinha told reporters that the amendments did not allow transfer of agriculture land to non-agriculturists.

"I want to say this forcefully and with full responsibility that agricultural land has been kept reserved for farmers; no outsider will come on those lands. The industrial areas that we have defined, we want that like rest of the country, here too industries come so that Jammu & Kashmir also develops and employment is generated," he also said.

The government can allow the transfer of land in favour of a person or institution for the purpose of promotion of healthcare or senior secondary or higher or specialised education after the new notification.

In exercise of the powers conferred by section 96 of the Jammu and Kashmir Reorganisation Act, 2019 (34 of 2019), and of all other powers enabling it in that behalf, the Central Government hereby makes the following Order in respect of the Union territory of Jammu and Kashmir, namely--This Order may be called the Union Territory of Jammu and Kashmir Reorganisation (Adaptation of Central Laws) Third Order, 2020, the MHA order read.

"Where this Order requires that in any specified section or other portion of an Act, certain words shall be substituted for certain other words, or certain words shall be omitted, such substitution or omission, as the case may be, shall, except where it is otherwise expressly provided, be made wherever the words referred to occur in that section or portion," the MHA said.

"The provisions of this Order which adapt or modify any law so as to alter the manner in which, the authority by which or the law under or in accordance with which, any powers are exercisable, shall not render invalid any notification, order, commitment, attachment, bye-law, rule or regulation duly made or issued, or anything duly done before the 31st day of October 2019; and any such notification, order commitment, attachment, bye-law, rule, regulation or anything may be revoked, varied or undone in the like manner, to the like extent and in the like circumstances as if it had been made, issued or done after the commencement of this Order by the competent authority and in accordance with the provisions then applicable to such case," the order issued by the MHA also said.

The order also says that the government can now on a written request of any army officer not below the rank of Corp Commander, declare an area as Strategic Area within a local area. This is 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 thereunder in the manner and to the extent.

Post this notification, a domicile certificate will not be needed to buy land in Jammu and Kashmir. Non-agricultural land in municipal areas of Jammu and Kashmir can now be purchased by anyone.

National Conference leader Omar Abdullah said the amendments were "unacceptable".

"Unacceptable amendments to the land ownership laws of J&K. Even the tokenism of domicile has been done away with when purchasing non-agricultural land & transfer of agricultural land has been made easier. J&K is now up for sale & the poorer small land holding owners will suffer," Omar tweeted.