J&K Land Revenue Act | District Collectors authorized to grant permission to alienate land
Jammu: The J&K government has authorized District Collector to grant permission to an agriculturist to alienate the land for the purposes of agriculture and allied activities up to 20 kanals and horticulture or orchards up to 80 kanals.
The authorization has been made in exercise of the powers conferred by proviso first to sub-section (1) of section 133-H of the Jammu and Kashmir Land Revenue Act, Samvat, 1996.
As per Revenue department notification S.O. 373,
the District Collector concerned will grant such permission subject to certain conditions. As per the conditions specified for grant of permission, the land will be used only for the purpose for which the permission has been granted.
The land will be put to use for the purpose within a period of two years from the date of issuance of the permission order, “provided that the District Collector may, for reasons to be recorded in writing, extend the said period by another year.”
“Further extension of one year may be granted by the Divisional Commissioner, for exceptional reasons, to be recorded in writing. The government shall be kept informed of any extensions in currency in regular monthly reports and all such extensions will be subject to further orders or restrictions by the government,” it was specified.
The riders specify that the applicant would abide by all the Acts/Rules and Regulations applicable on such lands. The transaction should not make the transferor landless and the land acquired by transferee cannot be put to use or transferred for any other purposes except for the purpose for which permission is granted, subject to any further authorization or permission granted by the competent authority.
Specifying the procedure, the notification mentioned that the parties to the transaction, i.e., the agriculturist who intends to alienate land and the non-agriculturist who intends to purchase the same, will jointly apply to the District Collector, on a prescribed proforma.
This will include, among other things, details of the land in question as per the agriculturist, details of other land held by the agriculturist, separate affidavit by both the parties that the transaction is not in violation of the statutory provisions and conditions for transaction, affidavit by the non-agriculturist that the person is qualified to take up such activity. The decision to forward the application or reject the same will be taken within 7 days of filing of an application complete in all respects.
“The District Collector shall forward the application to the Tehsildar concerned who shall submit report, after due diligence and verification, along with relevant revenue papers (i.e jamabandi, Khasra Girdawari, Tatima) and his recommendations to the District Collector. In case the Tehsildar finds that the proposed transaction is in conformity with the law, he shall also issue a ‘Fard' for alienation of land and while recording other condition therein also indicate that the registration of the document shall be subject to the permission granted by the District Collector,” it was further explained.
It has been directed that the Sub-Divisional Magistrate (SDM) or Assistant Commissioner, Revenue (ACR) will record his observations while submitting to the District Collector. The Tehsildar will submit his report within 7 days and the Sub-divisional level officer within 7 days thereafter. The District Collector will consider and decide the application after examining the matter.
“The District Collector shall record reasons in writing for either decision, i.e. the approval as well as the rejection, in the prescribed format, within 7 days of receipt of recommendations of the subordinate Revenue officers,” it was further instructed.
The entire process will be completed within a maximum period of 30 days.
The government also notified that Section 133-H would come into force with the issuance of the notification.
“In case of Clause (a) (i) of the Explanation appended to sub-section (1) (a) of section 133-H, any person who cultivates the land personally on the date of issuance of this notification shall be an 'agriculturist' for the purposes of said provision,” the notification mentioned.