Home In Kashmir Is Now A Reality: Government Amended The Law Of Land Ownership In Jammu And Kashmir

by Shatakshi Gupta

The Central Government has made a major amendment in the law relating to Land Ownership in Jammu and Kashmir.  According to the new amendment, now any citizen of the country can buy land for their home or business in Jammu and Kashmir.  After the withdrawal of the provisions of Articles 370 and Article 35-A on 5th August 2019, there was very much possibility that the sale and purchase of land in Kashmir would soon be allowed.

Before August 2019, Jammu and Kashmir had its separate constitutional system. Under it, only ‘permanent citizens’ of Jammu and Kashmir (having permanent citizenship certificate of the state) were allowed to buy land. Even a citizen of any other state could not buy land for his house, shop, business or farming in Jammu and Kashmir.

Home Ministry issued a detailed order

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 The Home Ministry said in its release that the order will be called the Union Territory of Jammu and Kashmir Reorganization (Adaptation of Central Laws) Third Order, 2020.  This order has come into force with immediate effect.  The order states that the General Orders Act, 1897 applies to the interpretation of this order as it is to the interpretation of the laws applicable in the territory of India.

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Lieutenant Governor of Jammu and Kashmir, Manoj Sinha, said that this move will pave the way for the outside industry to be set up in Jammu and Kashmir.  For the development of the region, investment in industrial land is much needed. However, the cultivated land will remain only for the people of the state. The order will have no effect on the cultivable land of the Union Territory.