Updated: July 28, 2020 12:14:17 pm
WITH THE Central law on land acquisition being extended to the Union Territory of Jammu and Kashmir, the J&K administration has withdrawn a 1971 circular that required a no objection certificate (NOC) from its home department for acquisition or requisition of land in favour of the Army, BSF, CRPF and other similar organisations.
Such acquisition will now be covered under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.
In an order issued by the UT’s Revenue Department on July 24 , the J&K administration said, “In view of the extension of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 to the UT, the circular dates 27.08.1971, which prescribed obtaining of No Objection Certificate from the Home Department for acquisition/ requisition of land in favour of Army, BSF/CRPF and similar organisations is hereby withdrawn.”
Additionally, Collectors for land acquisition in every district designated under the Right to Fair Compensation Act, and the Competent Authority Land Acquisition (CALA) under the National Highway Act, 1956, have been asked to process the cases of land acquisition/ requisition “strictly in accordance with the provisions of these two Acts and the rules made thereunder henceforth”.
The move comes days after the J&K administration gave its approval to an amendment to the Control of Building Operations Act, 1988 and the J&K Development Act, 1970. This provides special dispensation for carrying out construction activities in “strategic areas” by armed forces.
The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 provides for land to be acquired “for strategic purposes relating to naval, military, air force, and armed forces of the Union, including central paramilitary forces or any work vital to national security or defence of India or State police, safety of the people”; and states that “in relation to acquisition of land situated within a Union territory (except Puducherry), the Central Government is the appropriate authority for acquisition of land” under the provisions of the Act.
The decision allowing construction in “strategic areas” was cleared by the Lieutenant Governor G C Murmu-led administrative council on July 17. After the move was criticised, the administration clarified that the changes provide for a special dispensation for regulating construction in “strategic areas”, required by the Armed Forces for their “direct operational and training requirements”.
In the same clarification, the administration noted, “The transfer, both acquisition or requisitions, continues to be governed by the existing law and the norms on the subject. There is no decision to either transfer any new land or declare areas outside cantonments or army land as strategic.”
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