in Kashmir , a parallel push is visible in the administration allowing construction of commercial complexes , shopping malls , schools and service centres on agricultural land in the Valley . This continues despite the existence of a legal framework enacted precisely to prevent – 1 ) loss of agricultural land in the land-scarce region , and 2 ) protection of land rights of the peasantry after hard fought land reforms of the 1950s and 1970s .
Land laws in J & K were enacted to strictly prohibit transfer of land to non-residents of the state and regulate conversion or transfer of agricultural land to nonagricultural uses . The provisions of the Jammu and Kashmir Alienation of Land Act , 1938 , Big Landed Estates Abolition Act , 1950 and Jammu and Kashmir Agrarian Reforms Act , 1973 provided for these strictures .
Further , the conversion of vegetable lands , floating fields and orchards was regulated through Jammu and Kashmir Land Revenue Act , 1939 and Jammu and Kashmir Prohibition on Conversion of Land and Alienation of Orchards Act , 1975 .
In 2016 , the Department of Revenue promulgated a policy regulating change of land use . The 2016 policy stated : “ In absence of a housing policy , the enforcement of the Land Laws pertaining to the land use has become almost impossible because the violator is left with no option but to take recourse to change of land resource available with him .” It proposed a procedure to seek permission for land-use conversion till a comprehensive Housing Policy is formulated . Despite the presence of this legal framework and policy measures , reckless and unplanned conversion of agricultural land in J & K continues unabated . The situation is bound to get worse in future .
Oct-Nov - 2020
After the abrogation of Article 370 and revocation of Article 35A , land laws in J & K have been amended to allow transfer of land to non-residents of J & K . Further , land laws are being liberalised to open up the land market for Indian capital in the name of ‘ development ’. Liberalisation of land laws and opening up of the land market for global trade is intrinsic to the neoliberal economic order . As explained by Patnaik , a push for conversion of agricultural land for non-agricultural purposes is a part of this agenda . Despite relentless resistance of Kashmiris , the Indian state continues to enforce this imperialist agenda in J & K .
Released in February 2019 , the Srinagar Master Plan of 2035 insists on the need for a comprehensive revamping of the legal umbrella for the effective implementation of the plan for urbanisation . The plan recommends amendments to ‘ static and archaic concepts of land ownership ’ of legislations governing planning and development of towns in J & K for dynamic planning and development . The laws falling under this umbrella include the Jammu and Kashmir State Town Planning Act , 1963 , the Jammu and Kashmir Development Act , 1970 and the Jammu and Kashmir Municipal Corporation / Municipal Act , 2000 .
In 2020 , New Kashmir Policies have been introduced concerning land-utilisation , real estate etc . The new J & K Housing , Affordable Housing , Slum Redevelopment and Rehabilitation and Township Policy , 2020 sanctioned in July 2020 proposed incentives such as exemptions from building permit fee , external development charges and ‘ land use conversion ’.
In addition to agricultural land , 727 hectares of forest land has been identified for diversion . Out of this , 33 % ( 243 hectares ) of forest land was approved for diversion for the use of the Army and paramilitary forces between September 18 , 2019 and October 21 , 2019 . Already , government records suggest that the Indian military has grabbed 53,353 hectares of land in Kashmir under . This includes occupation of agricultural land , forest land , state land and private buildings .
Since August 2019 , around 15,000 acres of land in Kashmir and 42,000 acres in Jammu ( mostly around ecosensitive zones ) has been identified for infrastructural development . In February 2020 , an area of 7,500 acres of the state land had been identified and earmarked for industrial development .
NEW DELHI ’ S TWO-FOLD AGENDA The first agenda of the Indian government in J & K , served through the new farm laws , is a direct attack on food security . Fostered dependence ( of J & K on the Centre ), Haseeb Drabu ( former J & K finance minister ) had argued , has been created in the system over the years , which is the best way to keep the government in control . The more the erstwhile state becomes dependent on supplies of foodgrains and other items from neighbouring states , the easier it becomes for New Delhi to ‘ manage ’ Kashmir . It was to avoid this stranglehold by India , that the earliest government under the Prime Ministership of Sheikh Abdullah struggled to protect the autonomy and self-sufficiency of J & K .
The second agenda of New Delhi is to attack any remnants of an arrangement that allows land use to be determined by social welfare , rather than private profitability . As Patnaik writes , “ Since land is a scarce resource , contd . on page 12
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