Govt can allow transfer of J&K’s Agri land for public purposes: MHA

‘520 migrants take jobs since 370 abrogation’

NEW DELHI, Aug 11: The Ministry Of Home Affairs today said that as per the adapted Land Laws of Jammu and Kashmir, the Government can allow transfer of agricultural land for public purposes such as education, charitable purpose and healthcare.
“After 5th August, 2019, all provisions of the Constitution of India have been made applicable to the Union Territory of Jammu and Kashmir (J&K) which necessitated changes in existing laws in Jammu and Kashmir by Adaptation Orders so as to conform with the provisions of the Constitution of India,” Minister of State for Home Affairs, Nityanand Rai said in a written reply.
“As per the adapted land laws of Jammu and Kashmir, the Government may, by notification in the official gazette, allow transfer of land, for public purposes such as education, charitable purpose and healthcare.”
He was responding to a question by congress MP Akhilesh Prasad Singh in Rajya Sabha whether Government has altered the land laws of Jammu and Kashmir (J&K) wherein no domicile or permanent resident certificate is required to purchase non-agricultural land in the J&K.
To another question on whether the historic Jammu and Kashmir Big Landed Estates Abolition Act, 1950 has been abolished which led to the radical redistribution of land which paved way for rural prosperity and ended landlordism in J&K, the Minister said: “Under the Jammu and Kashmir Big Landed Estates Abolition Act, 1950, the land was transferred to the tillers. The Act also prescribed a limit to right of ownership of 182 standard kanals (22.75 acres).”
However, he said, this Act has been repealed and there is another legislation i.e. The Jammu & Kashmir Agrarian Reforms Act, 1976, for transfer of land to tillers which is in force. This Act prescribes ceiling restriction of 100 standard kanals (12.5 acres).
Meanwhile, a total of 520 migrants have returned to Jammu and Kashmir since the abrogation of Article 370, the Government said today.
In reply to a question in the Rajya Sabha, Nityanand Rai, Minister of State (MoS) for the Ministry of Home Affairs said that 520 migrants have taken jobs under Prime Minister’s Development Package-2015 in Jammu and Kashmir.
“As per the information provided by the Government of Jammu & Kashmir, after the abrogation of Article 370, a total of 520 migrants have returned to Kashmir for taking up the jobs under the Prime Minister’s Development Package-2015,” Rai said.
Last month, the Jammu and Kashmir Administrative Council headed by Lieutenant Governor Manoj Sinha approved the transfer of 278 kanals land in various districts for the construction of flats to accommodate Kashmiri migrant workers. Under the project, over 2500 accommodations will be constructed for the migrant workers in the Union Territory.
In 2015, Modi had announced a Rs 80,000 crore development package for the erstwhile State of Jammu and Kashmir. Some of the key projects included flood relief, reconstruction and flood management – Rs 7854 crore, road and highway construction – Rs 42611 crore, power, new and renewable energy – Rs 11,708 crore to name a few.
Meanwhile, the Government is taking steps to restore ancestral properties of Kashmiri Hindu migrants who had to run away from Kashmir in the wake of terrorist violence there and so far nine properties have been given back to the rightful and original owners, the Rajya Sabha was informed today.
Nityanand Rai said under the Jammu and Kashmir Migrant Immovable Property (Preservation, Protection and Restraint on Distress Sales) Act, 1997, District Magistrates (DMs) of concerned districts in Jammu and Kashmir are the legal custodians of the immovable properties of the migrants, who take suo moto action on eviction proceedings in cases of encroachment, while the migrants can also request DMs in such cases.
“Regarding restoration of properties to its rightful and original owner, nine properties have been restored, as per the information provided by the Government of Jammu and Kashmir,” he said in a written reply to a question.
Rai said as per the information provided by the Government of Jammu and Kashmir, after the abrogation of Article 370, a total of 520 migrants have returned to Kashmir for taking up the jobs under the Prime Minister’s Development Package-2015.
Replying to another question, the Minister said after the abrogation of Article 370 on August 5, 2019, all provisions of the Constitution have been made applicable to the Union Territory of Jammu and Kashmir, which necessitated changes in existing laws in J-K by Adaptation Orders so as to conform with the provisions of the Constitution.
He said as per the adapted land laws of Jammu and Kashmir, the Government may, by notification in the official gazette, allow transfer of land for public purposes such as education, healthcare and charitable purpose. (PTI)