People to pay token premium, subletting prohibited
40 years of lease will be extendable for another 40 years
Sanjeev Pargal
JAMMU, Aug 24: The UT Government today issued guidelines for allotment/lease of land for construction of houses under Pradhan Mantri Awas Yojana (Gramin) to poor people who are domiciles of Jammu and Kashmir.
Lieutenant Governor Manoj Sinha had earlier announced that poor landless people will be given land for construction of houses under PMAY-G.
The guidelines were released today in a detailed order issued by Dr Piyush Singla, Secretary to the Government, Revenue Department.
The rules silenced the critics of major pro-poor scheme who were claiming that land will be given to outsiders. However, the guidelines clearly stated that only domiciles of Jammu and Kashmir will be entitled to land which will be given on a lease of 40 years which will be extendable for another 40 years.
The land will be paid at the cost of just Rs 100 per marla as one-time premium and Re 1 per marla rent. It’s subletting has been prohibited.
As per the guidelines, five Marlas of state land will be allotted on lease basis to landless PMAY (G)/Awas plus beneficiaries out of Rural Development Department’s permanent waiting list 2018-19.
Those eligible for allotment are people residing on state land; forest land; Rakhs and Farms; people in possession of Custodian land; those living on land already allotted by the Government near Dachigam Park for agricultural purposes, where construction is not permitted and any other category of cases who are otherwise eligible for Housing under PMAY-G, but don’t have any land available for construction.
According to the guidelines, the Deputy Commissioner concerned shall allot five Marlas of state land to those who are domiciles of J&K.
“A person shall be considered landless if he is a domicile of J&K having a separate family and doesn’t have land in his own name or in the name of any of his family members or is not entitled to inherit five Marlas or more land,” read the order.
It further stated that the Deputy Commissioner concerned shall lease out five Marlas of state land to the landless PMAY (G) beneficiaries who are figuring in the permanent waiting list 2018-19, surveyed by the Ministry of Rural Development, Government of India, and are otherwise eligible for housing assistance under PMAY(G)/Awas plus.
As per scheme guidelines, the land shall be granted on lease basis in terms of the Jammu and Kashmir Land Grants Act of 1960 and the Rules made there under.
“The land shall be granted on lease on payment of a token amount of Rs 100/- per Marla as a one-time premium and a nominal amount of Rs 01/- per Marla per annum as ground rent, in relaxation of Jammu and Kashmir Land Grant Rules, 2022,” read the order.
The lease shall be for a period of 40 years, extendable further for a period of another 40 years, subject to the fulfillment of all codal formalities/norms.
“However, if a person fails to build house on allotted land within a period of two years, such lease shall be cancelled forthwith,” read the order.
As per scheme guidelines, the Assistant Commissioner (Development) of the Rural Development Department of the district concerned shall verify the case(s) and place an indent before the Deputy Commissioner along with the complete particulars of the beneficiaries, including AADHAAR.
“Deputy Commissioner shall forward the case(s) to Tehsildar concerned for inquiry, who shall identify the state land and verify the particulars of the beneficiaries, including their status of being landless,” the order stated.
The grant of land on lease shall not be construed as permission for construction, and the lessee shall seek permission from the competent authority for the construction of the house.
“The lessee shall use the land only for the purpose for which it is granted and shall start construction of the house within three months from the date of the lease, failing which land shall stand resumed to the government without any compensation,” the order said.
The Government said that the lessee shall not sub-let/sub-lease/alienate/transfer the leased land, and any contravention shall terminate the lease, and the land shall stand resumed to the Government without any compensation
Meanwhile, the Revenue Department also issued Jammu and Kashmir Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement (Social Impact Assessment and Consent), Rules 2023.
“On receipt of the requisition, the Collector shall constitute a committee consisting of officers from Revenue, Agriculture, Forest, Jal Shakti, Irrigation & Flood Control, Horticulture, Rural Development, PW (R&B), Departments or any other Department as the Collector deems necessary to visit the spot along with the representatives of Requiring Body to make a preliminary enquiry”, the Rules said.
They said where any land is proposed to be acquired by Requiring Body by invoking urgency provisions and if such urgency falls within the purview, the Collector shall submit a report to the Government seeking permission to invoke the urgency provisions giving cogent reasons and for exemption from undertaking Social Impact Assessment study in such acquisition.
“Where no involuntary displacement of persons due to acquisition of land with no adverse impact, and no rehabilitation is involved, then the Collector shall obtain report of the committee along with the consent of the interested persons (atleast 70%) which shall be considered as SIA Report and in such cases the Collector shall proceed for issuance of preliminary notification within seven days,” the Rules said.
The Government may identify or establish an independent organization which shall be responsible for ensuring that Social Impact Assessments are commissioned and conducted as per the provisions of the Act and Rules. The Government may also nominate J&K Institute of Management, Public Administration and Rural Development (IMPARD) to provide institutional support and facilitation for conducting of SIA.
The Social Impact Assessment Unit (SIAU) shall select the SIA team for each project from the individuals and institutions registered or empanelled in the UT Database of Qualified Social Impact Assessment Resource Partners and Practitioners.
The Requiring Body shall not be involved in any way in the appointment of the Social Impact Assessment team being appointed to carry out the SIA, the Rules said.
The Government appoints the Divisional Commissioner, Kashmir and Divisional Commissioner, Jammu as the Commissioner for Rehabilitation and Resettlement (R&R) in their respective jurisdiction for the purpose of rehabilitation and resettlement of affected families under this Act.
The Commissioner for Rehabilitation and Resettlement upon receipt of the draft Rehabilitation and Resettlement Scheme from the District Collector, after examining it in the light of the provisions of the Act, accord approval to the scheme.
The Collector shall in consultation with the representatives of the Gram Panchayats or District Development Councils notify the date, timing and venue for holding special Gram Sabha in the affected areas one week in advance and conduct public awareness campaigns to motivate members of the Gram Sabha to participate in the Gram Sabha, said the Rules.
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