MLA Para to move Bill for proprietary rights of owners living on state land

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The proposed legislation seeks to legalise and grant proprietary rights to residents who have built and lived in houses on state-owned, common and other public lands for decades. Para emphasised that the Bill is aimed at providing security of tenure to thousands of families, ensuring their right to shelter under Article 21 of the Constitution.

“The population of Jammu and Kashmir has increased significantly over the years due to urbanisation, migration and socio-economic changes. Many residents have been living in structures on state land without legal ownership. This Bill is a step towards recognising their rights and providing a legal framework for regularisation,” Para stated.

The Bill proposes granting ownership or transfer rights to residents who have been in continuous physical possession of such properties for over 20 years. It also calls for the regularisation of houses built on state land, Kahcharai land, common land and Shamilat land under the Jammu and Kashmir Agrarian Reforms Act, 1976.

“This is a one-time special measure to bring relief to families who have lived on these lands for generations. It will not only provide legal recognition to their homes but also facilitate better urban planning and infrastructure development,” Para added.

The proposed Bill comes in the wake of the now-scrapped Roshni Act — officially the J&K State Lands (Vesting of Ownership to the Occupants) Act, 2001 — which previously granted ownership rights over state land but was repealed in 2018 by the State Administrative Council led by then-Governor Satya Pal Malik and later struck down by the High Court.

PDP leader Iltija Mufti voiced support for the new Bill, stating that it would provide ownership rights and a much-needed sense of security to thousands of families. “Given the ruthless demolition drives carried out across J&K since 2019, one can’t overstate the relief this legislation will bring,” she wrote on X.

If passed, the Bill could have far-reaching implications for land ownership and housing security in Jammu and Kashmir, reigniting the debate over property rights and state land policies.