J&K Govt unveils rules for 5 marla land policy; only J&K domiciles eligible

25 August 2023

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Land to be allotted on lease basis for PMAY beneficiaries, Rs 100 per Marla to be paid as one-time premium and Rs 1 per Marla rent, subletting prohibited

Srinagar, Aug 24: In a significant development, the Lieutenant Governor-led administration on Thursday unveiled guidelines for allotment/ lease of land to landless beneficiaries of Pradhan Mantri Awas Yojana (Gramin).

The Revenue Department, as per news agency—Kashmir News Observer (KNO), today said that 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; people residing on forest land; people residing in Rakhs and Farms; people in possession of custodian land; people residing 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 05 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,” reads the order.

It further states 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 thereunder.

“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,” reads 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,” reads 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 states.

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 (03) from the date of the lease, failing which land shall stand resumed to the government without any compensation,” it reads.

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.

—(KNO)