The Jammu and Kashmir Assembly recently witnessed a political clash over a private member's Bill introduced by Peoples Democratic Party legislator Waheed Para. The proposed legislation sought to grant ownership rights to State subjects who had been living in houses constructed on government land for over 20 years. Both the ruling National Conference and the opposition Bharatiya Janata Party voted against the Bill, though for different reasons. Chief Minister Omar Abdullah argued it would benefit the land mafia, while the BJP termed it land jihad. The PDP defended the Bill as an anti-bulldozer measure aimed at protecting original residents. The issue has deep roots in Jammu and Kashmir's land ownership rules, which changed significantly after the 2019 abrogation of Article 370. The Bill proposed special provisions only for holders of Permanent Resident Certificates issued before the removal of special status. The debate reflects ongoing tensions about land rights, demographic changes, and protection of local interests in the Union Territory, especially after new land grant rules opened ownership and leasing to any Indian citizen.
What the Bill Proposed and Why It Was Rejected
Waheed Para introduced the Jammu and Kashmir (Regularization and Recognition of Property Rights of Residents in Public Land) Bill as a private member's legislation. Invoking Article 21's right to shelter, it sought to grant ownership rights to residents holding valid Permanent Resident Certificates issued under 1968 rules, meaning those recognized before Article 370's removal. The Bill required continuous physical possession for over 20 years and excluded tenants or licensees. Applicants could not own other property and would pay development charges not exceeding one-third of the circle rate. Chief Minister Abdullah opposed it, claiming it lacked safeguards and would aid illegal encroachers. The BJP called it land jihad, thanking Abdullah for defeating what they termed nefarious designs.
Land Ownership Tensions After Article 370 Abrogation
Land ownership remains highly sensitive in Jammu and Kashmir following the 2019 changes. Before Article 370's removal, only permanent residents could own or lease land. The J&K Land Grant Rules, 2022 ended automatic lease renewals and permitted open bidding to any Indian citizen. This sparked public outcry, especially after a drive against alleged encroachments and the expiration of leases for 55 of 59 hotels in Gulmarg, including the famous Nedous Hotel. National Conference MLA Tanvir Sadiq has proposed his own Bill to restore the 1960 framework. He claimed Para's Bill could benefit anyone under new domicile rules and alleged it aimed to help PDP associates who grabbed custodian land, though the NC government promised five marlas to the poor.
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