Waheed Parra, a legislator from the People’s Democratic Party (PDP), has introduced a bill advocating for legal ownership rights for Jammu and Kashmir's residents occupying state land, kahcharai (grazing land), common land, and shamilat land.
The bill, set for discussion in J&K’s upcoming budget session in March, aims to uphold the fundamental right to shelter under Article 21 of the Indian Constitution by granting long-term occupants legal ownership of their homes.
This proposal follows the revocation of the Jammu and Kashmir State Land (Vesting of Ownership to the Occupants) Act, 2001, commonly known as the Roshni Act. Originally designed to grant ownership rights to occupants of state land, the Act was repealed in 2018 and later declared unconstitutional by the J&K High Court in 2020.
The bill seeks to provide a one-time ownership grant specifically for residential properties, excluding commercial structures.
To qualify, applicants must be permanent residents of J&K and hold a Permanent Resident Certificate (PRC)—a document previously issued before Article 370 was revoked and later replaced by the domicile certificate.
The property must have been in continuous possession for at least 20 years, with ownership extending to the land beneath and surrounding the house.
The bill also proposes the formation of a government sub-committee to oversee the process of identifying and regularising ownership claims.
A nominal fee structure is suggested for land transfers, calculated per marla (272 sq ft).
Many families, particularly in urban and semi-urban areas, have lived on such land for decades without formal ownership, making them vulnerable to eviction.
The bill aims to provide housing security while addressing long-standing land ownership disputes.
However, the proposal is expected to face legal and political challenges, especially given the 2020 court ruling against the Roshni Act.
With J&K now under an elected government, the bill’s success will depend on its ability to navigate these challenges. If passed, it could significantly influence land policies and urban development.
