Upcoming J&K Assembly Session To Debate Land Ownership Bill Amid Legal Hurdles

Srinagar: Waheed Parra, a legislator from the People's Democratic Party (PDP), has introduced a bill that could redefine land ownership in Jammu and Kashmir, granting legal rights to long-term occupants of state land, kahcharai (grazing land), common land, and shamilat land. Set to be tabled in the upcoming budget session in March, the bill seeks to uphold the fundamental right to shelter under Article 21 of the Indian Constitution. If passed, it would allow residents who have occupied these lands for at least 20 years to gain legal ownership of their homes. “This is not about politics but about justice. Thousands of families have lived on these lands for generations without any legal security. It is time we recognize their rights,” Parra told Republic TV.

The proposal comes in the wake of the revocation of the Jammu and Kashmir State Land (Vesting of Ownership to the Occupants) Act, 2001—commonly known as the Roshni Act. Initially introduced to grant ownership rights to state land occupants, the Act was repealed in 2018 and later declared unconstitutional by the J&K High Court in 2020. The court had ordered the annulment of all land transfers made under the Act, leading to concerns among long-term occupants about potential evictions.

The proposed legislation aims to provide a one-time ownership grant exclusively for residential properties, explicitly excluding commercial structures. To qualify, applicants must be permanent residents of J&K and possess a Permanent Resident Certificate (PRC)—a document issued before Article 370’s revocation, now replaced by the domicile certificate. The property in question must have been under continuous occupation for at least 20 years, and ownership will extend to both the house and the surrounding land. Additionally, the bill proposes forming a government subcommittee to oversee the identification and regularization of claims. A nominal fee per marla (272 sq ft) is suggested for the land transfers.

The bill has sparked widespread discussion, with many residents welcoming it as a much-needed relief for long-term occupants. “For decades, we have lived in fear of eviction despite having nowhere else to go. If this bill is passed, it will secure our future,” said Abdul Rashid, a Srinagar resident who has lived on state land for over 30 years. Echoing similar sentiments, 62-year-old Naseema Bano from Anantnag said, “Our family has lived on this land for generations. We have built our homes with hard-earned money, yet we are treated like encroachers. This bill gives us hope.”

However, some locals remain skeptical about its implementation. “We have seen such proposals in the past, but they never materialized. Given the legal hurdles after the Roshni Act’s repeal, it remains to be seen whether this bill can actually pass,” said Farooq Ahmad, a retired government employee in Pulwama.

While the bill aims to resolve long-standing land disputes and provide housing security, it is expected to face legal and political challenges. With the 2020 court ruling against the Roshni Act still in effect, legal experts argue that a fresh legislative attempt at granting ownership rights could be met with resistance. Political analysts believe the bill could become a flashpoint in the upcoming assembly session. “With an elected government now in place, this will be a major test of how land policies are shaped in the new political landscape of J&K,” said Editor-in-Chief, Daily Uqaab Manzoor Anjum.

The upcoming budget session is set to be closely watched as the bill comes up for discussion. Residents and political observers anticipate intense debates, with opposition parties likely to challenge the proposal on legal and economic grounds. “There will be a lot of pressure on the government to reject this bill, but if it is debated fairly, I believe it will pass,” said Mohammad Yousuf, a social activist in Kupwara.

Many locals see this as a decisive moment for land ownership policies in the region. “This is the first real chance for long-term occupants to secure legal rights. We hope the assembly session brings positive news,” said Mehmooda Begum, a resident of Pulwama. If approved, the bill could significantly influence land policies and urban development in the region. Until then, thousands of families living on these lands wait anxiously, hoping for a resolution to their decades-old struggle for ownership.

PDP leader suggested the beneficiaries should be residents having a valid permanent resident certificate (PRC) and who have been in continuous physical possession of the property for more than 20 years, excluding symbolic possessions. The land includes the area beneath and adjacent to the residential house and shall exclude commercial buildings. Parra also proposed that the charges for regularization should not exceed one-third of the circular rate in the specified area. "The competent authority shall have the discretion to exempt such charges for persons belonging to weaker sections of society, those below the poverty line, persons with more than 70% disability, or legal heirs of ex-servicemen from the Army or Jammu and Kashmir Police who have laid down their lives in service to the nation," the PDP leader added.

He further suggested that no relief for regularization shall be available to any unauthorized construction or encroachment on public land after March 1, 2025. Unauthorized development in restricted areas along scheduled roads, national highways, or other restricted areas under any central or state law shall also be excluded from the benefits of the bill.