J-K Assembly rejects Bill seeking recognition of proprietary rights of houses built on govt land illegally

The Jammu and Kashmir Assembly on Tuesday rejected a private member's Bill seeking to recognise the proprietary rights of houses constructed on government land illegally, with Chief Minister Omar Abdullah saying such a bill would open floodgates for land grab.

The Bill was moved by PDP MLA from Pulwama, Waheed Para.

“A bill to provide special provisions for residents of UT of J-K for recognizing the proprietary rights of houses constructed on State land, Kacharia land, Common land and Shamilat land (section 4 of J-K Agrarian Reforms Act, 1976), by securing the rights of ownership or transfer in favour of the residents of such residential house owners, who are in possession of such land in the interest of right to shelter as guaranteed by Article 21 of the Constitution of India and for the matters connected therewith or incidental thereto," the Bill said.

However, the government opposed the Bill and requested Para to withdraw it.

"On the surface, it looks easy. If someone has constructed a house on government land, give the land to him. Last time also, the government made a scheme to convert leasehold into freehold which was known as Roshni (scheme). The aim was to grant freehold to those who had leasehold before militancy. The revenue generated would have been used for power generation," Abdullah said.

He said the then PDP-Congress coalition government removed the pre-militancy clause.

"There was a controversy and there was talk of 'land jehad' and what not. It went to court and we could not defend it there. This proposal of the MLA is beyond the Roshni scheme. The bill does not put a cut-off timeline. We cannot do this. There is a provision of granting land to the landless people under PMAY. So, I request the member to withdraw the bill," the CM said.

However, Para said while the state land is being allotted, if "you are willing to give land to landless and house to houseless under the PMAY, will you render homeless those who are already living on the state land".

"It is not a problem of one area, but of entire J-K. You have a legacy of (National Conference founder) Sheikh Abdullah to live up to," the PDP MLA said.

Responding to that, the CM said the PDP never owned NC's legacy "but, today he is remembering it".

"Land to tiller (law implemented by senior Abdullah) was giving rights to tillers, not land grabbers. There is huge difference between land to tiller and what you are proposing. We don't work under fear. I will say that floodgates would be opened by this bill," the CM said.

Referring to Para's remarks that the bill would also benefit the chief minister's relatives, Abdullah said, "My relatives were not illegal occupants, they had lease which was violated (by the other side)".

"I would not bring such a bill even for my relatives. Then you bring religion and region into it," he said, opposing the introduction of the Bill.

After Para refused to withdraw the bill, Speaker Abdul Rahim Rather put it to vote, but it received the support of only three members. The Bill was defeated by the voice vote.