Explainer: Why Uttarakhand govt walks in footsteps of Himachal, bans sale of agri land to outsiders

Under Section 118 of the Tenancy and Land Reforms Act 1972, purchase of agricultural land by outsiders is prohibited in Himachal Pradesh. Now, Uttarakhand CM Pushkar Singh Dhami has issued an order barring purchase of agricultural and horticultural land by people from other states. Experts explain the reasons behind the move.

Shimla:The Uttarakhand government has banned people outside the state from purchasing agricultural and horticulture land. Chief Minister Pushkar Singh Dhami has issued an order in this regard and set up a five-member committee to recommend new land laws.

The move comes amid protests launched by agitators demanding restriction on the purchase of land by outsiders. People of Uttarakhand has long been demanding a new land law on the lines of the Himachal Pradesh Tenancy and Land Reforms Act 1972.

Section 118 of the Himachal Pradesh Tenancy and Land Reforms Act prohibits non farmers from buying land outside municipal areas. Under the section, aimed at protecting the interests of the people of Himachal Pradesh, even a person living in Himachal Pradesh who is not a farmer or does not possess agricultural land cannot purchase agricultural land. As per Section 2(2) of the Act, the ownership of the land will be of the person who cultivates the plot in Himachal Pradesh. A person who is not a farmer and wants to buy land in Himachal will have to take permission from the state government, the Act states.

The only exception is matters related to development in connection with industry or tourism. The government takes decisions after examining specific cases. Also, the purpose behind purchasing the land cannot be changed. This means if the land is taken for the purpose of constructing a hospital, then a mall or an industrial unit cannot be set up on it.

In its verdict on February 2023, Supreme Court stated that only farmers can buy land in Himachal Pradesh while anyone outside the state will have to seek permission from the state government. Referring to the Himachal Pradesh Tenancy and Land Reforms Act 1972, a bench of Justices PS Simha and Sudhanshu Dhulia said that its objective is to save small holdings (agricultural land) of the poor and probe into the conversion of agricultural land to non-agricultural purposes.

The need for Section 118 was realised after Himachal Pradesh got full statehood status in 1971. A year after Himachal Pradesh became the 18th state of the country, the Tenancy and Land Reforms Act came into force. Under Section 118 of the law, no outsider can buy agricultural land for personal use. Under the Land Ceiling Act, no person can own more than 150 bighas of land.

Senior journalist Baldev Sharma said that Himachal Pradesh has always worked at saving its land. "No political party can even think of tampering with Section 118. The people here are aware and tampering with the land reform law would not be tolerated. On the other hand, in Uttarakhand, poor people in rural areas sell their land due to lack of money and then become landless. Due to lack of strict land laws, the forests of Uttarakhand are also in danger. Movements like Gaon Bachao Yatra took place in Uttarakhand due to these reasons. Now the Dhami government has taken initiative to protect the interest of its people," he said.

Elaborating on the reason as to why Uttarakhand needs a law like Himachal, another senior journalist Dhananjay Sharma said that identity crisis is the biggest crisis of a civilization. "The Uttarakhand also wants to maintain its identity. If people coming from different parts of the country keep buying land in Uttarakhand without any restrictions, then the marginal and small farmers here may become landless. Himachal had recognized this crisis as soon as it came into existence. The first Chief Minister of Himachal Pradesh Dr. Y. S. Parmar laid the foundation of the law to prevent land from being taken away from people of the state and this is why influential people from other states hardly purchase any land in Himachal Pradesh," he said.

Although Congress leader Priyanka Vadra has a house in Shimla, such examples are very few. Uttarakhand has now followed the path of Himachal Pradesh to save agricultural and horticultural land from being sold off to outsiders. For more than two years, activists of Uttarakhand have been demanding implementation of a stringent land law on the lines of Himachal Pradesh. Finally, Dhami has issued an order in this regard. Also, he has banned the heads of all districts from giving permission to outsiders to purchase land for agriculture and horticulture till further orders.

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