Srinagar,Oct 28,2020: In a significant move, the Centre has paved the way for people from across India to buy land in Jammu and Kashmir by amending several laws, more than a year after the nullification of Articles 370 and 35A of the Constitution.
In a gazette notification in Hindi and English, the Ministry of Home Affairs has made several changes to the land laws, including allowing use of agricultural land for setting up facilities of public purpose.
“With immediate effect, the Acts mentioned in the Schedule to this Order shall, until repealed or amended by a competent Legislature or other competent authority, have effect, subject to the adaptations and modifications directed by the said Schedule, or if it is so directed, shall stand repealed,” read the order.
The General Clauses Act, 1897 applies for the interpretation of this current Order since it applies for interpretation of laws in force in India, said the order. Meanwhile 12 state laws have been repealed as a whole.
Meanwhile those legislations which are being repealed as whole include the Jammu and Kashmir Alienation Of Land Act (V of Samvat 1995), the Jammu and Kashmir Big Landed Estates Abolition Act (XVII Samvat 2007), The Jammu and Kashmir Common Lands (Regulation) Act, 1956, the Jammu and Kashmir Consolidation Of Holdings Act, 1962, among others.
The most important tweak has been made in the Jammu and Kashmir Development Act that deals with disposal of land in the union territory as the Centre has omitted the phrase “permanent resident of the state” from Section 17 of the law.
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. However, the fresh changes have paved the way for non-residents to buy land in the union territory.
