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New land laws will encourage investment, advance peace and progress in J&K
11/3/2020 12:09:00 AM

Advocate Rekha Mahajan

The Central government has notified new land rules and changed the earlier ones with regards to J&K. The new laws will now allow any Indian citizen to purchase non-agricultural land in the Union territory. These rules have also omitted any need for being a domicile or having a permanent resident certificate for the purchase of land in J&K but for Jobs in Jammu &Kashmir domicile is required .
Under the new arrangements, no domicile or permanent resident certificate is required to purchase non-agricultural land in the UT.
The Union home ministry has also notified the Real Estate (Regulation and Development) Act, 2016, paving way for the acquisition of land in J&K by all Indian citizens. Previously, article 35-A of J&K Constitution, watered down on August 5, 2019, placed prohibitions on the sale of land to those who were not state subjects.
The Ministry of Home Affairs said that the ‘Union Territory of Jammu and Kashmir Reorganization (Adaptation of Central Laws) Third Order, 2020’ which brings new rules shall come into force with immediate effect.
The government has said that protection of land will be there for agricultural land. Agriculture land will not be given to anybody. If someone wants to set up an industry they will have to be given land.
That will be done through industrial parks. For industrial areas government wants that industries should come to J&K like other parts of the country so that development can take place and youth can get employment.
Lieutenant Governor Manoj Sinha also assured while addressing to media that the amendments did not allow transfer of agricultural land to non-agriculturists.
However, there are several exemptions in the Act which enable transfer of agricultural land for non-agricultural purposes, including setting up of educational or health care facilities.
The new rules also states that the government may, on the written request of an Army officer not below the rank of corps commander, declare an area as “strategic area within a local area”.
This land can be used for direct operational and training requirements of armed forces. “This area will have to be declared and the government may satisfy itself about the reasons cited for declaring the area as a strategic area and will have such area notified accordingly with such conditions as may be required,” the new rules state.
J&K is an integral part of India. If a citizen of J&K can purchase land, establish businesses and settle in any part of the country then why can’t a citizen of India live in J&K. Any citizen of India is entitled to live in J&K because J&K is an integral and inseparable part of India. India is one nation and the new land laws strengthen the idea of India.
Article 370 and 35-A were the stumbling block against the complete integration of Jammu and Kashmir and the new laws will also give an impetus to the investment and business in J&K and in turn will provide employment to the youth and will boost industrial growth in the Union Territory.
The new law doesn't state that anybody can grab or forcibly occupy a property in Jammu & Kashmir and the freedom for outsiders to purchase property in J&K does not mean that insider is deprived of rights to decide to sell their property and this is the universal truth that no one can purchase anything unless the owner is willing to sell it. These laws gives an opportunity to buyers to sell their property to whom they want and obviously at a better price.
We should thank our Prime Minister Narendra Modi and J&K Lieutenant Governor Manoj Sinha for bringing a ray of hope for Industrialization in Jammu and Kashmir. New land laws will open doors for huge investment in the industrial sector, health and medical education, tourism Industry, real estate and other sectors which will provide job opportunities to the local youth in the private sector.
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