In a significant development, the Centre has notified the new land laws for Jammu and Kashmir allowing any Indian citizen to purchase land in the Union territory, sparking fears among locals as it was earlier meant only for permanent residents under Article 370.
The MHA notified what it calls UT of Jammu and Kashmir Reorganisation (Adaptation of Central Laws) Third Order, 2020. The order comes into force with immediate effect.
The Centre said the “permanent resident of the state” clause has been omitted now. "With immediate effect, the acts mentioned in the schedule to this order shall, until repealed or amended by a competent legislature or other competent authority, have effect, subject to the adaptations and modifications directed by the said schedule, or if it is so directed, shall stand repealed," read the order. Media reports say that more than 12 state laws have been repealed as a whole. Those completely repealed include the Jammu and Kashmir Alienation of Land Act, 1995, the Jammu and Kashmir Big Landed Estates Abolition Act, the Jammu and Kashmir Common Lands (Regulation) Act, 1956, and the Jammu and Kashmir Consolidation of Holdings Act, 1962.
The notification stated that the government may, on the written request of an Army officer not below the rank of Corp Commander, declare an area “strategic” within a local area. This can only be for the direct operational and training requirements of the Armed forces, which may be excluded from the operation of this Act and rules and regulations made there under in the manner and to the extent.
The Narendra Modi government’s removal of the special status of Jammu and Kashmir in August 2019 opened the door for outsiders to buy land and property, get government jobs and attend institutes of higher education. The law had empowered the government of the former state to define “permanent residents” of Jammu and Kashmir and reserve certain rights for them.
Meanwhile, Omar Abdullah termed the new laws "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," Abdullah tweeted, adding, "Interesting that the Centre waited till the elections to LAHDC had concluded and the BJP had won a majority before putting Ladakh up for sale. This is what Ladakhis got for trusting the assurances of the BJP."
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 Abdullah (@OmarAbdullah) October 27, 2020
The BJP on Monday retained power in the Ladakh Autonomous Hill Development Council (LAHDC)-Leh by winning 15 out of 26 seats for which polling was held on October 22.
