New Delhi: The Government of India has issued the Union Territory of Jammu and Kashmir Reorganisation (Adaptation of State Laws) Fifth Order, 2020. It shall come into force with immediate effect.
Under this order, published as a gazette notification on Monday 26 October 2020, The Jammu and Kashmir Alienation of Land Act, 1995; The Jammu and Kashmir Common Lands (Regulation) Act, 1956 and the Jammu and Kashmir Consolidation of Holdings Act, 1962 now stand repealed as a whole.
Under Section 4 of The Jammu and Kashmir Alienation of Land Act, 1995, the “transfer of land in favour of any person who was not a State Subject” or domicile of Jammu and Kashmir was prohibited. Hence with the notification of the latest order, any citizen of India can now acquire landed property in Jammu and Kashmir but there are riders when it comes to agricultural land since the Jammu and Kashmir Land Revenue Act of 1996 in its amended form (Insertion of new Section 23 A (iii)) states – The Board may also bring a scheme of restricting and regulating the fragmentation of agricultural land holdings in the Union territory of Jammu and Kashmir to make the agriculture viable.
In terms of Land Leasing the latest order qualifies that Notwithstanding anything contained in any other law, the Government may through a notification in the official Gazette, formulate procedures and conditions for leasing in or leasing out of agricultural land for agriculture and allied activities, consistent with the provisions of the Jammu and Kashmir Land Revenue Act, 1996.