In Huge Home Ministry move, Real Estate Act to apply in J&K allowing all to purchase land

In a major development, the Home Ministry on Tuesday has notified land laws, which now enables citizens of India to buy land in Jammu and Kashmir. MHA notified that Real Estate (Regulation & Development) Act, 2016 will apply in Jammu and Kashmir with immediate effect. This will pave the way for property development in the two regions.

On August 5 last year, Centre abrogated Article 370 which provided special status to the erstwhile state, bifurcating it into Union Territories of Ladakh and Jammu & Kashmir. Earlier, Article 35A prohibited the purchase of land for citizens from other parts of India. The article allowed the J&K legislature to define permanent residents of the state and only those who were eligible could purchase land or property.

The Act makes it mandatory for each state and Union Territory to set up its own real estate regulator and frame rules to govern the functioning of the regulator. It is aimed at encouraging greater transparency, citizen centricity, accountability and financial discipline in the sector.

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MHA repeals 12 laws out of 26

In the third order, MHA has repealed 12 state laws as a whole and others out of 26 adapted with changes or substitutes. Laws which are repeal as a whole include  - The Jammu and Kashmir Alienation of Land Act, Jammu and Kashmir Big Landed Estates Abolition Act, Jammu and Kashmir Common Lands (Regulation) Act 1956, Jammu and Kashmir Consolidation of Holdings Act 1962, Jammu and Kashmir Right of Prior Purchase Act, Jammu and Kashmir Utilization of Lands Act. It shall come into force with immediate effect.

In the Order, MHA stated, in exercise of the powers conferred by section 96 of the Jammu and Kashmir Reorganisation Act, 2019 (34 of 2019), and of all other powers enabling it in that behalf, the Central Government hereby makes the following Order in respect of the Union territory of Jammu and Kashmir, namely--This Order may be called the Union Territory of Jammu and Kashmir Reorganisation (Adaptation of Central Laws) Third Order, 2020.

"With immediate effect, the Acts mentioned in the Schedule to this Order shall, until repealed or amended by a competent Legislature or other competent authority, have effect, subject to the adaptations and modifications directed by the said Schedule, or if it is so directed, shall stand repealed," read the order.

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