New land laws in J&K

Recently, the Ministry of Home Affairs (MHA) announced several amendments to land laws for the Union Territory of Jammu Kashmir (J&K), including the Jammu and Kashmir Development Act of 1970 and the J&K Land Revenue Act, 1996.
In August 2019, the special status granted to Jammu and Kashmir under Article 370 and Article 35A was revoked.
The new land laws effectively end the exclusive rights of locals over the land granted under now abrogated Article 370.

The most important amendment has been made in the J&K Development Act that deals with disposal of land with the Centre omitting the phrase “permanent resident of the state” from Section 17 of the law. This means, people who are not permanent residents of the state can purchase land.
Before the repeal of Article 370 and Article 35-A in August last year, non-residents could not buy any immovable property in Jammu and Kashmir.
Though the amendments prohibit 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”.
The government can allow the transfer of agricultural land to a public trust for charitable work, healthcare, education, industrial or commercial purposes.

A fresh provision has been added, by which the government, on the written request of an Army officer not below the rank of a Corps Commander, may declare an area as a “strategic area” for direct operational and training requirements of the armed forces.

The amendments also create the Jammu and Kashmir Industrial Development Corporation for establishing commercial centres and industries in the UT. The Corporation will have the power to acquire movable and immovable property, and to lease, sell, exchange or transfer any property held by it.
No court can take cognisance relating to property vested in the Corporation, except when the Corporation files a complaint. No legal suit can be filed against officials of the Corporation without a prior notice of two months and not later than six months from the date of complaint.

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