The Manoj Sinha-led administration in Jammu Kashmir recently notified new Land lease laws in Jammu Kashmir, which has drawn flak from several quarters of the society including politicians, hoteliers, and industrialists among others.
What are the new Laws?
According to the Land Grant Rules-2022, all outgoing lessees—aside from those with active or expired residential leases—must give the administration instant possession of the land they have taken on lease. If they fail to do so, the lessee will be evicted, under the provisions of public premises (eviction of the un-authorized occupant) Act, 1988.
After the J&K Reorganisation Act 2019 was passed on August 5, 2019, the former J&K Land Grants Rules 1960 that allowed for 99-year leases with the option of extensions is no longer in effect.
Now, the administration has decided to hold online auctions for the leased land.
Since the majority of commercial establishments have sprouted up on the leased land, this means that hundreds of business establishments, hotels, and shopping malls in Jammu and Kashmir may have to shut down.
What does the law say about outgoing lessees?
According to the Land Grant Rules, all leases—aside from those that are still in effect or have already expired—including those issued under the Notified Area (All Development Authorities set in the Tourism Sector) Land Grants Rules, 2007, the Jammu and Kashmir Land Grants Rules 1960, and leases that have already expired or been determined before these rules went into effect—or that were determined under these rules—shall not be renewed and shall remain determined.
The outgoing lessees must pay for any improvements made or structures built there, according to the Rules, at the value determined in accordance with Sub-Rule (xi) of Rule 13, provided that the lessee has not broken any of the lease’s terms.
Who will get the land?
The administration may issue a lease of land under the terms of the new Jammu Kashmir Land Grant Rules, 2022 for the development of Jammu Kashmir- the interest, however, will be defined by the Jammu Kashmir admin.
In a detailed list of the usage of the land, the new rules state that the land could be leased for education, healthcare, agriculture and allied activities, tourism, skill development, development of traditional art, craft, culture and languages, hydro-electric projects, development of stadiums, playgrounds, gymnasiums or other recreational purposes, petrol pumps, gas pipelines, LPG bottling centers, fuel reservoir, next generation clean fuel sources CNG/CBG/ LNG/hydrogen fuel/ low Carbon fuel/any other clean fuel source with related activities/services/ utilities/infrastructures as per established norms/industry best practices, self-employment or for housing purposes of ex-servicemen, war widows, families of deprivation categories (as per latest socio-economic census), specially-abled Persons (Divyang), families of martyr (one who has sacrificed his life in the line of duty for the sake of nation), migrant workers/ building & other construction workers, rehabilitation of sufferers of natural disasters/ calamities, specific infrastructure projects for the development of infrastructure, industries, agriculture, tourism and employment generation, laying of water mains, pipes, underground cables, cause ways, underground bridges, cables, towers, poles, stay rods, stay rails for overhead cable and likewise.
Who will grant the lands?
According to the Rules, a committee with authority, comprised of representatives from various departments and led by the Financial Commissioner Revenue, would identify the land and specify the reason for which the lease would be granted.
Additionally, it will be responsible for recommending the lease’s grant term, which is typically 40 years.
The committee will also keep an eye on all lease agreements and their terms. Additionally, the panel has the authority to urge the government to revoke any lease.
According to the Land Grant Rules, the authorised committee must suggest to the government a list of properties, along with information on their market worth and intended use.
Following review of the suggestions, the admin shall send them back to the Committee via the Financial Commissioner, Revenue with or without its approval.
The Land Grant Rules further say that upon receiving admin’s approval, the Financial Commissioner, Revenue shall inform the Deputy Commissioner involved so that he may publish a notice in Form-II for the proposed online auction.