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J&K: Land Grant Rules 2022 make it tough for outgoing lessees

According to the new J&K Land Grant Rules notified by the Revenue Department, all the outgoing lessees (except in the case of subsisting/expired leases for residential purposes) shall immediately hand over the land taken on lease to the government.

New land grant rules implemented in Jammu and Kashmir
New land grant rules implemented in Jammu and Kashmir

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Published : Dec 14, 2022, 9:13 AM IST

Srinagar:The Jammu and Kashmir administration has issued the Land Grant Rules 2022 and notified that the people whose lease has ended should relinquish the property to the administration or they will be evicted from the land. However, the administration has informed that these orders will not apply to the persons who have leased for residential purposes.

According to the new J&K Land Grant Rules notified by the Revenue Department, all the outgoing lessees (except in the case of subsisting/expired leases for residential purposes) shall immediately hand over the land taken on lease to the government, failing which the outgoing lessee shall be evicted as per the provisions of public premises (eviction of unauthorized occupant) Act, 1988.

The Rules state that the outgoing lessees shall, however, be paid for any improvement carried out or structure constructed thereon at the value assessed as provided under Sub-Rule (xi) of Rule 13 provided that the lessee has not violated any of the conditions of the lease. The Rules further state that all leases (except the subsisting /expired residential leases) including leases granted under the Jammu and Kashmir Land Grants Rules 1960, Notified Area (All Development Authorities set in Tourism Sector) Land Grants Rules, 2007 and leases expired or determined prior to the coming into force of these rules shall not be renewed.

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According to the Jammu & Kashmir Land Grant Rules, 2022, the government may for the development of the Union territory of Jammu and Kashmir grant a lease of land under the provisions of these rules. The Rules state that the leased land could be used for tourism, sports, education, development of traditional art, craft and culture.

Apart from this, the leased land can be used for housing purposes of ex-servicemen, war widows, families of deprivation categories (as per the latest socio-economic census), specially-abled Persons (Divyang), families of martyrs (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 and likewise.

As per these Rules, the land can be leased for any other purpose in the interest of the Union territory to be determined by the Government. The Rules state that an empowered committee comprising officials from different departments would identify and designate land and the purpose for grant of the lease. Its function will also be to recommend the period of grant of lease, which shall ordinarily be for 40 years. The committee will also monitor every lease agreement entered into and the conditions thereof. The panel also has the power to recommend to the government for cancellation of any lease.

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