Non-Himachali employees can’t buy land in HP

Pratibha Chauhan

Tribune News Service

Shimla, September 3

Fearing political backlash, the state government has revoked its decision to allow the purchase of land by non-Himachali employees and their children, which was being viewed as a dilution of Section 118 of the Tenancy and Land Reforms Act, 1972.

Sensing that the issue of making such a relaxation will open doors for many non-bona fide Himachalis to purchase land in the state, the Revenue Department had on September 1 issued a clarification to all three Divisional Commissioners and 12 Deputy Commissioners not to implement its earlier order of August 30, 2018.

“Considering the apprehension being expressed by the field staff of the Revenue Department and also other sections of society, the decision has been put on hold till further orders,” read the letter from Additional Chief Secretray (Revenue) to all DCs and Divisional Commissioners on September 1, 2018.

In its earlier decision, the Revenue Department had stated that the condition of having served for minimum 30 years in Himachal would also not be required for buying land. The relaxation also covered the wards of such officers, whether they were living in Himachal or outside. Any outsider is prohibited from buying land in Himachal under Section 118 of the Tenancy and Land Reforms Act, 1972.

Those who have been living here for the past 30 years or more, but do not own agricultural land, can buy land only after obtaining prior permission. The decision had evoked criticism from most sections of society, including the employees. The social media was raging with debates on the negative fallout of the decision.

“An excellent way to circumvent Section 118 by babus to pave the way for purchasing land for themselves and their children” is how some reacted.

Chief Minister Jai Ram Thakur, on assuming power, had stressed the need for simplifying the cumbersome procedure for the purchase of land in Himachal by outsiders under Section 118. His argument was that it was necessary to facilitate investment in the industry, power and tourism sector.

However, the latest decision of the BJP regime was to benefit only government officials and their children, which was being termed as a move to benefit only a small section.

The clause of Section 118 was put in place in 1972 by the first Chief Minister of the state, Dr Yashwant Singh Parmar, to protect scarce land in Himachal from being purchased by outsiders, rendering farmers landless. Any relaxation in Section 118 is a contentious political issue. Each time, an effort is made by the government to make some relaxation, it draws ire of political opponents.

Order was issued on August 30

• The Revenue Department had on September 1 issued a clarification to all three Divisional Commissioners and 12 Deputy Commissioners not to implement its earlier order of August 30, 2018. 
• In its earlier decision, the department had stated that the condition of having served for minimum 30 years in Himachal would not be required for buying land. 

What the Act says

Any outsider is prohibited from buying land in Himachal under Section 118 of the Tenancy and Land Reforms Act, 1972. Those who have been living here for the past 30 years or more, but do not own agricultural land, can buy land only after obtaining prior permission.