Why new Land Law in J & K is important for judiciary examination? Vishu Raj BASICS OF LAW Tue, Nov 03, 2020, at ,05:28 PM About the Act Any person from outside Jammu & Kashmir can buy land in the Union territory, which till now was exclusively meant for permanent residents and residents with domicile certificate. This came with the Union ministry of home affairs’ notification making several changes to the land laws. The new MHA rule, called the Union Territory of Jammu and Kashmir Re-organization (Adaptation of Central Laws) Third Order, 2020, nullifies 11 previous land laws of the former J&K state. The phrase -- “permanent resident of the state” – in the Jammu and Kashmir Development Act that deals with disposal of land in the Union territory has been omitted from Section 17 of the law, allowing non-residents to buy land in J&K including for setting up industries and health care facilities. Background The two notifications of 27 Oct 2020 have repealed 12 land laws, and among them was the historic Big Land Estate Abolition Act, 1950, which paved the way for rural prosperity in the former state and ended landlordism there. Another significant law that has been repealed is the Jammu and Kashmir Tenancy Act, 1980 that had stayed all applications or proceedings relating to ejecting tenants. The order also does away with the Jammu and Kashmir Common Lands (Regulation) Act, 1956, which regulated the rights of common land such as roads, streets, lanes, pathways, water channels, drains, wells, tanks, or any other source of water supply to villagers. The Jammu and Kashmir Alienation of Land Act, 1938 — a law related to the transfer of agricultural land for non-agricultural purposes — will also cease to operate. The law that prohibited the conversion of land into orchards and existing orchard land for other uses, without prior government permission, termed the Jammu and Kashmir Prohibition on Conversion of Land and Alienation of Orchards Act, 1975, has also been repealed. Need for Amendments in Jammu & Kashmir Land Laws:- The central government has said that bringing development to Jammu and Kashmir is key to ensure that the youth are weaned away from joining the ranks of terrorist groups operating there. Ensuring investments in the region is seen as crucial to develop industry and give employment to the people especially the youth. The changes in land law, which are only for Jammu and Kashmir, are significant as an Indian citizen can now buy urban or non-agricultural land and property in the UT. The Union territory administration is focused on improving infrastructure facilities, including roads, availability of power, schools, and educational institutions to improve the quality of life of the people, said a person familiar with the matter. The laws also talk about facilitating the sale of farmlands but for that government’s permission will be required like in several other states. The laws, however, do not impose limits on the land that can be used for housing or commercial activity. Amendments - The home ministry also notified the Union Territory of Jammu and Kashmir Reorganization (Adaptation of State Laws) Fifth Order, 2020. Most significantly, the phrase “permanent resident of the state” has been omitted from Section 17 of the Jammu and Kashmir Development Act that deals with disposal of the land in the union territory, making it possible for outsiders to purchase land in the region. The order also omits a provision from the Jammu and Kashmir Land Grants Act that permitted termination of land lease, without any compensation, if any non-resident was introduced as a promoter or member of society. It also altered the definition of domicile. Under the law, domiciles are those who have been a resident in the region for 15 years or have studied for seven years and appeared in Class 10 or 12 exams in a registered educational institute in Jammu and Kashmir. Domiciles are given preferential admission in colleges and benefits like scholarships are extended to their children. The order introduces a new section in the Jammu and Kashmir Civil Services Decentralization and Recruitment Act that recognizes the spouse of a civil servant, posted in the UT, also as a domicile. The norm was earlier applicable only to the children of central government officials posted in the region for not less than 10 years. The government has also set up a new body called the J&K Industrial Development Corporation, under the Jammu and Kashmir Industrial Development Act, to speed up industrial development, invite investment, set up industrial units, and promote corporate farming. The modified law permits the corporation to acquire land for setting up industrial units. However, if it is unable to acquire the land by agreement, the government can order proceedings under the Right to Fair Compensation and Transparency in Land Acquisition Rehabilitation and Resettlement Act, 2013. Under this Act, a penalty is issued in case anyone obstructs any person with whom the corporation has entered into a contract Which type of property you purchased in Jammu & Kashmir The changes in land law, which are only for Jammu and Kashmir, are significant as an Indian citizen can now buy urban or non-agricultural land and property in the UT. Section 17 of the Jammu and Kashmir Development Act, which deals with land laws in the UT has seen some modifications. According to the amendment to the Land Revenue Act, anyone from any part of the country can now buy land in J&K, including agricultural land. Though the amendments prohibit the sale, transfer, mortgage, and conversion of agricultural land to a non-agriculturist in the UT, it can still be allowed, “provided that the Government or an officer authorized by it in this behalf may grant permission to an agriculturist to alienate the land to a non-agriculturist by way of sale, gift, exchange or mortgage”.