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Agencies:

Government notifies new rules that allow any Indian citizen to buy land in Jammu & Kashmir

New Delhi
October 27, 2020

The Centre has paved the way for people from outside Jammu and Kashmir to buy land in the Union territory by amending several laws over a year after the nullification of Articles 370 and 35 A of the Constitution. In a Gazette notification, the Centre has omitted the phrase "permanent resident of the state" from Section 17 of the Jammu and Kashmir Development Act that deals with disposal of the land in the union territory.

Before 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.

Lieutenant Governor Manoj Sinha told reporters that the amendments did not allow transfer of agricultural land to non agriculturists.
However, there are several exemptions in the Act which enable transfer of agricultural land for non-agricultural purposes, including setting up of educational or health care facilities.

Former Advocate General Mohammad Ishaq Qadri said the amendments have opened floodgates for people from outside Jammu and Kashmir to buy lands. "Now there is no legal bar on purchase of land here by outsiders," he said.

National Conference leader Omar Abdullah said the amendments were "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," Omar tweeted.