Jammu: The government has notified the Jammu and Kashmir Land Grants Rules, 2022, according to which the influential and powerful would no longer have the clout to benefit from the lease of land while the underprivileged like specially-abled and those trying to create a social change by helping in generating employment would be at advantage.
Under the provisions of these rules, the government may for development of the Jammu and Kashmir grant lease of land.
The rules have been notified by the government in exercise of the powers conferred by Section 4 read with Section 9 of the Jammu and Kashmir Land Grants Act, Svt, 1960 and all other enabling provisions in this behalf.
As per a notification issued by the Revenue Department, these rules would not apply to the categories of land transferred to the Housing and Urban Development Department and its agencies or to any other department of the government, provided “such a department or its agencies will auction the leases of such land through their own policy or in case no such policy is framed, through forward auction till such policy is framed by the department and subsisting or expired residential leases executed under the Jammu and Kashmir Land Grant Rules,1960, for which a separate policy will be notified by the government.”
However, these rules would apply to land transferred to or under the possession of Tourism Development Authorities.
The rules also provided for the constitution of an Empowered Committee headed by the Financial Commissioner, Revenue.
The notification has specified that notwithstanding anything contained in these rules, the government reserves the right to grant land on lease to the Union Territory or Central Government Departments or any of its agencies, statutory board, or corporations or such other government entities as may be prescribed by it without adopting the mode of auction as provided under these rules.
The premium and terms of such lease would be determined by the government itself.
“The Jammu and Kashmir Land Grants Rules, 1960 and the Notified Area (All Development Authorities set in Tourism Sector) Land Grants Rules, 2007; are hereby repealed,” the notification mentioned.
According to the notification, all the outgoing lessees, except in the case of subsisting and expired leases for residential purposes, would immediately hand over the possession of the land taken on lease to the government, failing which the outgoing lessee shall be evicted.
It states that the outgoing lessees would, 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 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, and infrastructures as per established norms and 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 and building and 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.
As per these Rules, the land can be leased for any other purpose in the interest of the Jammu and Kashmir to be determined by the government.
According to the notification, an empowered committee headed by Financial Commissioner Revenue and comprising officials from different departments would identify and designate land and the purpose for grant of the lease.
Its function would also be to recommend the period of grant of lease, which shall ordinarily be for 40 years.
The committee would also monitor every lease agreement entered into and the conditions thereof.
The panel has also the powers to recommend to the government for cancellation of any lease.
According to the Land Grant Rules, the empowered committee would recommend to the government a list of land including its market value and the purpose for which land is to be granted on lease.
On the receipt of recommendations, the government would after examination of the recommendations return the same with its sanction or otherwise to the Committee through Financial Commissioner, Revenue. “On receipt of sanction from the Government, Financial Commissioner, Revenue shall convey the same to the Deputy Commissioner concerned for publication of a notice by him in Form-II for proposed auction through online mode,” the Land Grant Rules further state.