J&K Assembly rejects bill seeking proprietary rights for houses built on government land

The Jammu and Kashmir Legislative Assembly on Tuesday rejected a private member’s bill introduced by the Peoples Democratic Party (PDP) seeking to grant proprietary rights to residents who have built houses on government land in the Union Territory. The bill was turned down through a voice vote.

Chief Minister Omar Abdullah, responding to the proposal, said the government could not accept the bill, urging PDP legislator Waheed Para to withdraw it.

Moved by PDP MLA from Pulwama, Waheed Para, the bill was meant to “provide special provisions for residents of J&K for recognising 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 and for the matters connected therewith or incidental thereto.”

Rejecting the proposal, Omar Abdullah recalled that his father, Farooq Abdullah, had introduced the Roshni Scheme during his tenure as Chief Minister (1996–2002) to convert leasehold properties into freehold in exchange for revenue that would support power generation projects.

“Now, a proposal has come that goes beyond the Roshni scheme — suggesting that even those who have illegally occupied government land and built houses there should be given ownership. If we pass this bill, it will set a precedent where anyone could occupy government land, build a house, and claim ownership the next day. We cannot do this,” the Chief Minister said.

His remarks were met with applause from some BJP legislators, who thumped their benches in approval.

Reiterating the government’s stand, Omar said, “Those who have illegally occupied land and constructed houses cannot be granted ownership rights. The government cannot accept such a bill.”

Defending his proposal, Waheed Para argued that land issues have been among the most pressing concerns in Jammu and Kashmir since the abrogation of Article 370 in 2019. “Before 370, if someone was living on state land, the land was at least safe. Now, the situation is different,” he said, accusing the National Conference (NC) government of rejecting the bill for political reasons. “This bill should not be dismissed outright. Let it be debated and discussed. If there are shortcomings, we are ready to address them,” Para said.

As Para refused to withdraw the bill, the Speaker put it to a vote, where it received only three votes, including Para’s own, and was consequently rejected.

Reacting to the development, PDP chief Mehbooba Mufti criticised the NC-led government, saying it had fulfilled the BJP’s threat to block the PDP’s “land regularisation” (anti-bulldozer) bill, which had been labelled the “Land Jihad Bill” by its opponents.

“The Chief Minister, who had earlier assured that any pro-people initiative from the PDP would face no obstacles under his leadership, has once again gone back on his word,” Mufti said.

She added, “A bill aimed at ensuring a roof over the heads of the poorest of the poor is now being portrayed as an act of land grabbing. Even more tragic is that it was rejected by the very House that these people overwhelmingly trusted and elected barely a year ago.”

Leader of Opposition Sunil Sharma said that the PDP MLA Bill, which sought to “regularise land in a manner that could facilitate demographic manipulation and advance anti-national agendas, posed a threat to the integrity of our land and society.”

“Rejecting such a bill upholds fairness, legality, and the nation’s interests,” he said.