The government on Monday said that the old land laws of Jammu and Kashmir were “regressive and anti-people.” “Old land laws system of Jammu & Kashmir was maybe appropriate when introduced but was essentially meant to serve a rural & agrarian economy”.
“It became obsolete and when looked at as a whole suffered from redundancies. They were regressive and anti-people,” government spokesman and Principal Secretary J&K Rohit Kansal told reporters addressing a presser in Jammu.
“So there was a need to clean the system and give a set of simple land laws to prevent unnecessary litigation and discretionary interpretation as we know any such interpretation leaves scope for vested interests to operate,” he said, adding, “In this background 11 laws have been repealed.”
On October 27, The Ministry of Home Affairs, Government of India, repealed the 11 laws of the erstwhile Jammu and Kashmir.
The announcement has been made by Ministry of Home Affairs as per its order to be called the Union Territory of Jammu and Kashmir Reorganisation (Adaptation of Central Laws) Third Order, 2020.
The legislations repealed as whole include the Jammu and Kashmir Alienation Of Land Act (V of Samvat 1995), the Jammu and Kashmir Big Landed Estates Abolition Act ( XVII Samvat 2007) , The Jammu and Kashmir Common Lands (Regulation) Act, 1956, the Jammu and Kashmir Consolidation Of Holdings Act, 1962, the Jammu and Kashmir Flood Plain Zones (Regulation and Development) Act, the Jammu and Kashmir Land Improvement Schemes Act ( Xxiv Of 1972), the Jammu and Kashmir Prevention Of Fragmentation Of Agricultural Holdings Act, the Jammu and Kashmir Prohibition On Conversion Of Land and Alienation Of Orchards Act ; the Jammu and Kashmir Right Of Prior Purchase, Act [ ii of svt. 1993 (1936 A.d.)], the Jammu and Kashmir Tenancy (Stay Of Ejectment Proceedings) Act ( Xxxiii Of 1966), the Jammu and Kashmir Utilization Of Lands Act ( Ix Of Samvat 2010) and the Jammu and Kashmir Underground Public Utilities (Acquisition Of Rights Of User In Land) Act ( Iv Of 2014).
The government said the repeal or amendment of any law shall not affect the previous operation of any law so repealed or anything duly done or suffered thereunder; any right, privilege, obligation or liability acquired, accrued or incurred under any law so repealed; any penalty, forfeiture or punishment incurred in respect of any offence committed against any law so repealed and any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment as aforesaid, and any such investigation, legal proceeding or remedy may be instituted, continued or enforced, and any such penalty, forfeiture or punishment may be imposed, as if the Jammu and Kashmir Reorganisation Act, 2019 or this Order had not been passed or issued