Any Indian citizen can now buy land in Jammu and Kashmir without a domicile certificate

• According to the Ministry of Home Affairs, all Indian citizens can purchase land in Jammu and Kashmir without any domicile certificate.
  
• However, citizens are yet not allowed to purchase agricultural land.
  
• Former J&K CM Omar Abdullah has expressed strong disapproval against the new land laws saying that ‘J&K is now up for sale & the poorer small land holding owners will suffer.”

A year after abrogating article 370, the Indian government on October 27 notified new land laws for Jammu and Kashmir, which allows any Indian citizen to buy land in the region.

According to the Ministry of Home Affairs, Indian citizens can now purchase land in Jammu and Kashmir without any domicile certificate. However, citizens are yet not allowed to buy agricultural land. The Centre has removed “being a permanent resident of the state” as a precondition for buying land in J&K and Ladakh.

"With immediate effect, the Acts mentioned in the Schedule to this Order shall, until repealed or amended by a competent Legislature or other competent authority, have effect, subject to the adaptations and modifications directed by the said Schedule, or if it is so directed, shall stand repealed," read the order.

Last year in August, the Indian government revoked the special constitutional status of Jammu and Kashmir, which provided special rights to the permanent citizens of the region. These special provisions barred Indian residents from other states from buying land or becoming a permanent resident of the disputed region.

With the abrogation of article 370, the constitutional provisions providing semi-autonomy to J&K, the entire region came directly under the Centre’s rule. PM Modi had also invited several industries to set up businesses in Jammu & Kashmir and Ladakh.

According to MHA’s latest order, the General Clauses Act, 1897, applies for the interpretation of this current order since it applies for interpretation of laws in force in India. Meanwhile 12 state laws have been repealed as a whole.

Amongst others, those legislations which are being repealed as whole include -

• Jammu and Kashmir Alienation Of Land Act (V of Samvat 1995)
• Jammu and Kashmir Big Landed Estates Abolition Act (XVII Samvat 2007)
• Jammu and Kashmir Common Lands (Regulation) Act, 1956
• Jammu and Kashmir Consolidation Of Holdings Act, 1962
  

Former J&K CM Omar Abdullah has expressed strong disapproval against the new land laws saying that ‘J&K is now up for sale & the poorer small land-holding owners will suffer.”

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