Navigating The Challenges Of Land Acquisition In Jammu & Kashmir And Himachal Pradesh
- IJLLR Journal
- May 22
- 2 min read
Sidharth R. Mehta, Bennett University (School of Law)
Semantika Ghosh, Bennett University (School of Law)
ABSTRACT
People as well as investors outside Jammu and Kashmir can purchase land in the Union Territory (UT) as the Centre notified new land laws for the region, ending the exclusive rights of locals over the land due to the abolition of Article 370. Before Article 370 was revoked, no one could buy land in the State of Jammu and Kashmir. Still, the problem persists, non-residents of the mentioned states cannot buy property in these states. Acquiring property by non-residents in Himachal Pradesh and Jammu and Kashmir is a difficult process due to a number of reasons. Firstly, the government has implemented certain restrictions on the purchase of properties by non-residents in these states. This is done to protect the interest of the local people and prevent the transfer of properties to outside buyers, who may not have the same connection to the region as the residents. Section 118 of the Himachal Pradesh Tenancy and Land Reforms Act, 1972 does not put an absolute ban on the sale and purchase of land and constructed property in Himachal. The Act contains provisions that facilitate the purchase of land and constructed property in the State with due permission from the State government.
Another reason for the difficulty in acquiring property by non-residents is the lack of knowledge and understanding of the legal procedures and regulations that govern the process. Non-residents may not be familiar with the local laws, language, and customs, which can make it challenging to navigate the property purchase process. Furthermore, there are additional taxes and fees imposed on non-residents, which can increase the cost of property acquisition. This can make it difficult for non-residents to compete with residents in the local property market.
Additionally, there are also concerns about the potential misuse of properties by non-residents, such as absentee landlords who rent out properties to others. This can negatively impact the local community, as well as the quality of the properties, if they are not properly maintained.
Overall, the difficulties in acquiring property by non-residents in Himachal Pradesh and Jammu and Kashmir are driven by a combination of legal restrictions, cultural differences, and concerns about the impact of non-resident property owners on the local community.
In this paper, we will mainly focus on the issue of why non-residents cannot buy lands in the respected mentioned states.
