Centre notifies new land laws for J&K: Almost all previous laws declared null and void

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Srinagar: The government of India has notified new land laws for J&K, consolidated under Union Territory of Jammu and Kashmir Reorganisation (Adaptation of State Laws) Fifth Order, 2020, which stipulates various laws and regulations for purchase transfer and regulation of various types of lands in Jammu & Kashmir.

In the official gazette notification issued by the government of India, the notification says:

“In exercise of the powers conferred by section 96 of the Jammu and KashmirReorganisation Act, 2019 (34 of 2019), and of all other powers enabling it in that behalf, the CentralGovernment hereby makes the following Order in respect of the Union territory of Jammu andKashmir, namely:

1. (1) This Order may be called the Union Territory of Jammu and Kashmir Reorganisation (Adaptation of State Laws) Fifth Order, 2020.(2) It shall come into force with immediate effect.

The law has put prohibition on transfer of the following types of lands: in Jammu & Kashmir


“28-A.— (1) Save as otherwise provided in this section, no person who is vested with ownership rights in land under this Act shall transfer such land or rights therein in any manner whatsoever to any person other than Government or its agencies and instrumentalities;

Provided that nothing in this sub-section shall prohibit:

(a) transfer of such land ownership where of has been vested in a prospective owner under section 8 after the expiry of fifteen years from the date such land has been vested in the State under section 4 of the Act subject to the provisions of sections 133-H, 133-I, 133-J, 133-K and133-L of the Jammu and Kashmir Land Revenue Act,Samvat, 1996 (Act No. XII of Samvat 1996;

(b) grant of lease of land under the provisions of the Jammuand Kashmir Land Revenue Act, Samvat, 1996 (Act No.XII of Samvat 1996);

(c) entering into Contract Farming under the provisions ofLand Revenue Act, Samvat, 1996 (Act No. XII of Samvat1996);

(d) transfer of land in the form of simple mortgage forsecuring loan for purposes of improvement of the land.

Any transfer of land or rights therein made in contravention of sub-section (1) shall be null and void. The person who has contravened the
provisions of sub-section (1) shall after being given an opportunity of being heard, be dispossessed of such land by a Revenue Officer not below the rank ofTehsildar and the land shall vest in the State and shall be disposed of in the manner as may be prescribed.”

This is a developing story and will be updated.

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