CPI(M)’s Tarigami moves SC challenging MHA order on land purchase in J&K

Veteran CPI- M leader Mohammed Yusuf Tarigami has approached the Supreme Court challenging an October order of the Union home ministry which allows people from across country to buy land in Jammu and Kashmir, including that meant for agricultural purposes.

Moving a writ petition, he sought the apex court’s intervention and a stay on the order till his petition is heard.

The petition moved under Article 32 (violation of fundamental rights) submitted that the October notification “is illegal” as it is issued in pursuance to the August 2019 reorganisation of Jammu and Kashmir which has been challenged by many people and the top court is aware of the matter.

It said that the Union home ministry has amended Sections of the JK Land Revenue Act, 1996, which pertains to management of agricultural land, and the JK Development Act, 1970, which deals with zonal development plans determining land use for buildings, roads housing recreation, industry, business, markets, schools, hospitals and public and private open spaces.

Pointing out the amendments in the Act, the petition stated that while the fresh laws prohibit the sale of agricultural land to a non-agriculturist, it “authorises the government or an officer appointed by it to grant permission to an agriculturist to alienate the land to a non- agriculturist by way of sale, gift, exchange or mortgage or for such agreement on such conditions as may be prescribed.”

Tarigami pleaded that the change of land use cannot be left at the “caprice of bureaucracy more so at the lower rung of district collectors.” The fourtime MLA from Kulgam pleaded that these amendments will “seriously change the land use pattern and will destroy the food security of Jammu and Kashmir”.

He said the laws of the erstwhile state government on land were aimed at protecting the large swathes of farm land that provided life blood to the people of Jammu and Kashmir, from commercialisation. “This crucial aspect has not been considered by the respondents (MHA) while issuing the notification,” the petition said.

Before the repeal of Article 370 and Article 35-A in August last year, non-residents could not buy any immovable property in Jammu and Kashmir. The latest changes have paved the way for non- residents to buy land in the UT.