Changes in Land Laws in Kashmir

Why in news?

• On October 26, the Ministry of Home Affairs (MHA) announced several amendments to land laws for the Union Territory of Jammu Kashmir (J&K).
•  This includes the Jammu and Kashmir Development Act of 1970, which till now entitled only permanent residents to purchase or sell property in the former State, and the J&K Land Revenue Act, 1996.

Background:

• In August last year, the special status granted to Jammu and Kashmir under Article 370 and Article 35A was revoked.
• Section 96 of the J&K Reorganisation Act, 2019 empowers the MHA to adapt and modify any law by way of repeal or amendment before the expiration of one year from the appointed day of the Union Territory of J&K, which is October 31, 2019.

What are the changes?

• The MHA has amended sections of the J&K Land Revenue Act, 1996 and the J&K Development Act of 1970.
• The 1996 Act pertains to management of agricultural land and the 1970 Act deals with zonal development plans determining land use for public buildings, roads, housing recreation, industry, business, markets, schools, hospitals and public and private open spaces.
• According to the amendment to the Land Revenue Act, anyone from any part of the country can now buy land in J&K, including agricultural land.
• Though the amendments prohibit sale, transfer, mortgage and conversion of agricultural land to a non-agriculturist in the UT, it can still be allowed under certain conditions, if the government is satisfied.
• Also, economically deprived people from all parts of the country will be eligible for small housing sites provided till now given to permanent resident from to “economically weaker section” and “low income groups”.
• A fresh provision has been added, by which the government, on the written request of an Army officer not below the rank of a Corps Commander, may declare an area as a “strategic area” for direct operational and training requirements of the armed forces.
• It also creates the Jammu and Kashmir Industrial Development Corporation for establishing commercial centres and industries in the UT.
• The amendment omits the permanent resident clause to get government land on lease for “residential purposes”.
• These laws apply only to Jammu and Kashmir as the laws for Ladakh have not yet been notified.
• Local leaders in Ladakh have demanded inclusion in the Sixth Schedule (tribal) of the Constitution to protect their land from “outsiders”.

PRELIMS QUESTION

Consider the following Statements regarding union territory of Jammu and Kashmir:
1.It is the largest union territory in India by area.
2.It includes the Pak occupied region of Gilgit Baltistan. 
Which of the statements given above is/are correct?
(a)1 only
(b)2 only
(c)Both 1 and 2
(d)Neither 1 nor 2

Answer to prelims question