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Monday, January 24, 2022

J&K: New regulations for conversion of agri land use notified

The regulations were approved by the J&K Administrative Council headed by LG Manoj Sinha on December 16 last year.

By: Express News Service | Srinagar |
January 15, 2022 12:58:07 am
Manoj SinhaJammu and Kashmir Lt Governor Manoj Sinha (Express photo by Prem Nath Pandey)

J&K government’s Board of Revenue on Friday notified regulations for conversion of agricultural land for non-agricultural purposes. Under these regulations, powers have been delegated to the District Collector to grant permission for land up to “12 and a half standard acres against a fee of 5 per cent of the market value of the land notified under the Stamps Act”.

The time period for grant of permission will be 30 days, subject to addressing all deficiencies in the application.

The regulations were approved by the J&K Administrative Council headed by LG Manoj Sinha on December 16 last year.

“These regulations were necessitated after the legislative changes in the land revenue Act post-reorganisation of the erstwhile state,” the government said.

In October 2020, the Ministry of Home Affairs, through an order, introduced key amendments to four major laws that governed ownership, sale and purchase of land in the erstwhile state, including the J&K Land Revenue Act, 1996.

Under the J&K Agricultural Land (Conversion of Non-Agriculture Purposes) Regulations, 2022, issued on Friday, the Board of Revenue provides rules for conversion of land use in the Union Territory. Therefore, either with permission from a District Collector or through payment of conversion fee, agricultural land can be re-purposed for non-agricultural use.

Under the J&K Land Revenue Act, 1996, “no land used for agriculture purposes shall be used for any non-agricultural purposes except with the permission of the District Collector”. However, sub-section 2 of Section 113-A of the Land Revenue Act said that an owner or occupant who wished to put his agricultural land to non-agricultural uses as provided in the regional plan, development plan or master plan as the case may be, “shall do so it after payment of conversion charges as prescribed by the Board from time to time”.

The regulation states that an application for change of land use can be filed with the District Collector, along with revenue extracts, copy of sale deeds, key location plan, letter of intent from concerned agency and an approval from concerned authority that would regulate the “activity for which the change of land use has been sought”.

The application would then be forwarded to the Revenue field agencies for verification of records and shall also include a copy of application to other departments of government.

After this, the application would go to the District Level Committee comprising the District Collector, Assistant Commissioner (Revenue) and members from eight government departments, including public works, power development, agriculture and industries, for approval.

The Assistant Commissioner (Revenue), Sub-Divisional Magistrate and Tehsildar concerned will be responsible for monitoring the implementation of these regulations within their respective areas of jurisdiction.

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