*Implementation of existing laws out of focus
Mohinder Verma
JAMMU, July 1: Notwith-standing shrinking of agricultural land due to rapid urbanization, the fate of bill to prohibit conversion of agricultural land for non-agricultural purposes, which was moved in the Legislative Assembly in 2011, has been hanging in balance during the past over two and half year. Though Joint Committee of both the Houses of State Legislature, constituted after the failure of Select Committee of Legislative Assembly to arrive at any conclusion, has been entrusted with the task to carry out fresh exercise yet there are doubts about concrete outcome in the time-bound manner.
The bill titled “Jammu and Kashmir Prohibition on Conversion of Agricultural Land for Non-Agricultural Purposes was tabled in the Legislative Assembly in the Budget Session of 2011 and keeping in view divergent views of the MLAs on the provisions of the bill, the then Speaker, Mohd Akbar Lone, referred the proposed legislation to the Select Committee.
The Select Committee headed by the then Minister for Revenue, Raman Bhalla, convened several meetings but no consensus could be emerged among the members of the Select Committee that too even after seeking three extensions for the House Panel.
As it was not possible to give further extension to the Select Committee and no decision could be taken on the bill, new Minister for Revenue, Aijaz Ahmed Khan, moved a motion during the Budget Session of 2013 seeking to refer the bill to the Joint Select Committee of both the Houses. Accordingly, the Speaker nominated Aijaz Ahmed Khan as Chairman of the Committee with Dr Sheikh Mustafa Kamaal, Moulvi Ifthikhar Hussain Ansari, Surjit Singh Slathia, Harshdev Singh, Abdul Gani Malik, Mohd Sharrief Niaz, Abdul Gaffar Sofi, Jugal Kishore and Charanjit Singh as Members of the Committee from Lower House.
However, the Joint Select Committee has not met even once till date, official sources told EXCELSIOR, adding “as only two sessions of the current Legislative Assembly (one within next two-three months) and another in February-March next year) have been left before the next elections, there are apprehensions that even Joint Select Committee may not arrive at a consensus on the vital issue keeping in view the enormous exercise it has to carry out before arriving at any conclusion”.
It is pertinent to mention here that the bill has proposed complete ban on the conversion and alienation of agricultural land except with the written permission, which may be granted to the extent of 2 kanal for residential, commercial, industrial and public utility purposes.
“Before proposing new legislation the Government should have kept in mind that it has several laws in force which prohibit conversion of any type of agricultural land for non agricultural purposes”, sources said, adding “if at all new provisions were required to be enacted suitable amendments in the existing laws should have been carried out”.
“Under Jammu and Kashmir Land Revenue Act there is a complete prohibition on converting of paddy or vegetable lands, floating fields etc into any other use. Similarly, Jammu and Kashmir Prohibition on Conversion of Land and Alienation of Orchards Act doesn’t permit conversion of paddy land into orchards and sale of orchards beyond four kanal without permission”, sources said.
They further informed that Jammu and Kashmir Agrarian Reforms Act also imposes restriction on the utilization of orchards for any other use.
“Till the fate of the bill to prohibit conversion of agricultural land for non-agricultural purposes is decided the concerned agencies should ensure strict implementation of existing laws so that shrinking of agricultural land could be checked”, sources said. “No doubt land is needed for developmental purposes but the land exclusively classified for agricultural purposes needs to be protected from being used for other purposes,” sources added.
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