The Central Government on Tuesday notified the Jammu and Kashmir Reorganisation (Adaptation of State Laws) Fifth Order, 2020, making it possible for people outside Jammu and Kashmir to buy land in the State. People, as well as investors outside Jammu and Kashmir, can now purchase land in the Union Territory (UT) as the Centre on October 27 notified new land laws for the region, ending the exclusive rights of locals over the land granted under now abrogated Article 370. The Jammu and Kashmir Alienation of Land Act 1995 which prohibited transfer of land in favour of any person who is not a State Subject now stands repealed as a whole.
Under the newly introduced J&K Development Act, the term “being a permanent resident of the State” as a criterion has been “omitted”, paving the way for investors outside J&K to invest in the Union Territory. Under the ‘transfer of land for the purpose of promotion of healthcare or education’, the government may now allow the transfer of land “in favour of a person or an institution for the purpose of promotion of healthcare or senior secondary or higher or specialized education in J&K”.
The Spouse to Be Regarded As Domicile
The MHA’s order amends the Jammu and Kashmir Civil Services Decentralization and Recruitment Act 2010 to include ‘spouse’ of domicile under the definition of “domicile”.
National Conference (NC) and the Peoples Democratic Party (PDP) went up against the Action
PDP president Mehbooba Mufti said, “Yet another step that’s part of nefarious designs to disempower and disenfranchise people of J&K. From the unconstitutional scrapping of Article 370 to facilitating loot of our natural resources and finally putting land in J&K up for sale. Such bold measures reinforce the need of people of all three provinces of J&K to fight unitedly”.
“The amendments have put J&K up for sale. With these new laws in place, tokenism of the domicile certificate has been done away with, as purchasing non-agricultural land has been made easier. These new laws are unacceptable to people of J&K”, NC vice president Omar Abdullah said.