Jammu & Kashmir is not only known for its Spectacular landscapes but also considered as the 'Heaven of the Earth'. Due to its scenic beauty it became one of the famous tourist spot of India. There might be very few people who would not like to have their own land in such a Heaven. But because of some restrictions they were incapable to do so. But now since the Central Government has removed such restrictions their won't be any restrictions for any citizen belonging from any part of the country. This law will not only increase investment, housing and employment but will also promote unity and brotherhood among the citizens of the country.
Source - Google
Revocation of Article 370 and Article 35 -A from Jammu & Kashmir
- The Central Government on August 5, 2019, revoked the special status which was granted to the state of Jammu & Kashmir under Article 370 of the Indian Constitution along with it also repealed Article 35-A. By this revocation they split both the states into Union Territories of Ladakh and Jammu & Kashmir.
- Earlier in the existence of Article 370 the state has certain amount of autonomy like - it has its own Constitution , a separate flag and freedom to make constitutional laws. Whereas the Foreign Affairs, Defence and Communication remained with the Central Government.
- After the revocation of Article 370, Kashmir will no longer have a separate Constitution. Now Jammu & Kashmir will have to be abide by the Indian Constitution much like other existing states.
- All Indian laws will be applicable to Kashmiris and now any person outside of Jammu & Kashmir can buy property there. Government says that this will bring development to the region.
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| Source - Google |
Changes After The Revocation Of Article 370 In Jammu & Kashmir.
1. Jammu & Kashmir Constitution Scrapped
Before Article 370 - Jammu & Kashmir was the only state in India with its own Constitution. Indian Constitution was not applicable to this state. Only Ranbir Penal Code and it's law was applicable which differentiated it as a separate state and separate laws.
After Article 370 - With the scrapping of Article 370 only Indian Constitution would be applicable their and it leads to the deletion of Jammu & Kashmir's own Constitution (RPC).
2. State Becomes a Union Territory
Before Article 370 - Jammu & Kashmir was a state with all the special status provided under Article 370.
After Article 370 - Now Jammu & Kashmir downsized to Union Territory with legislature ,while Ladakh became Union Territory without any legislature.
3. Flag Separation
Before Article 370 - Jammu & Kashmir had its own different flag.
After Article 370 - There would be no separate flag for the State. Now Indian Flag will be its identity.
4. Property Rights
Before Article 370 - Only residents of Jammu & Kashmir could buy and sell properties in the state.
After Article 370 - Any citizen of India will be able to buy and sell properties.
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| Source - Google |
Revised Land Law Of Jammu & Kashmir
- In the fresh order of central government has Amended the laws, to enable outsiders of Jammu & Kashmir to buy land in the Union Territory.
- The Ministry of Home Affairs ( MHA) has Amended and substituted 26 state laws to facilitate the above provision under the Union Territory of Jammu & Kashmir reorganization ( Adaption of Central laws)third order 2020.
- The new Provisions passed by the Centre has came into force immediately on October 27 , 2020.
- The earlier phrase i.e. " Permanent resident of the state has been removed since the section 17 of the Jammu & Kashmir Development Act , which deals with the land laws in the Union Territories has undergone some modifications.
- Due to this modification now it has been easy for the outsiders to invest in land.
- It is well known fact that housing demand follows job opportunities , since this has been observed in A1 cities like Delhi , Mumbai , Kolkata and Chennai with the center modifying the new land law it is now predicted that private investment is likely to increase in the coming future of Union Territory , which will help to change the demographic shape leading to people's migration for jobs and settlement to other towns and cities.
Property Purchase in Jammu & Kashmir for Non Residential
- It is also well known fact that until now only permanent residence of Jammu & Kashmir has the right to acquire property in the state.
- The new land law now makes it possible for non residents to acquire land thereby infusing momentum in the property market.
- This gives us clear vision that the land rates in the 2 Union Territories will now be high.
- The wealthy investors could be attracted to Jammu & Kashmir due to its Spectacular Landscape.
- However since the authorities will take few months to clarify the rules and restrictions pertaining to local lands . It might be too early to make an investments.
Property Rights Of Women
- In Jammu & Kashmir when woman marries a non resident , do not have the rights to inherit property and her children too cannot claim ancestral property and have no succession right in such cases.
- This fact may now go under change due to new land law.
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| Source - Google |
Applicability of RERA in Jammu & Kashmir
RERA - Real Estate Regulatory Authority
- The Union Territory of Jammu & Kashmir has notified the rules under Real Estate (Regulation and Development) Rules 2020.
- Jammu & Kashmir notified its RERA rule in August while Ladakh has notified its RERA rule on 8th , October, 2020.
- Implementation of RERA in the Union Territory of Jammu & Kashmir will usher a new era of transparency and accountability in the Real Estate sector .
- RERA will ensure regulation and promotion of real estate and set up an adjudicating mechanism to protect interest of homebuyers.
Assurance Given By Government
- Lieutenant Governor told reporters that the amendment did not allow transfer of agricultural land to non agriculturalists.
- However there are several exemptions in the Act which enables transfer of agricultural land for non agricultural purposes, which includes setting up of Educational Institutes or Health and Facilities.
- A senior government official has said , " even non agricultural land will not be randomly handed over the industries".
- "We cannot get polluting and other hazardous industries in this pristine environment" the official said .
Article 370 and 35 -A gave Jammu & Kashmir a special status . Its revocation has brought many changes in Jammu & Kashmir and now it is no longer the state having special status , rather became Union Territory. The government allowing to buy property for other residents of the Country in Jammu & Kashmir increases investment , housing and employment opportunities in Union Territories. The employment opportunities will not only provide jobs to many people but will also prevent migration to some extent of native residents.
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