Why is the government acquiring land under a repealed statute in Jammu & Kashmir?
Prameela K
Published on: 6 October 2021, 11:59 am

Almost two years after Jammu & Kashmir lost its special Constitutional status and statehood, citizens continue to have their land acquired under laws that stand repealed. DR RAJA MUZAFFAR BHAT writes about the government's inconsistent application of central laws in the Union Territory of Jammu & Kashmir, and its failure to deliver on the benefits it promised at the time Article 370 of the Indian Constitution was abrogated.
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DR Jitendra Singh, a senior Bharatiya Janata Party (BJP) leader from Jammu, and the Union Minister of State (MoS) for the Prime Minister's Office, during a semi virtual regional conference titled "Replication of Good Governance Practices", said that more than 800 central laws have been extended to Jammu and Kashmir after the reading down of Article 370. The conference, which was held in July this year in Srinagar, was attended by 750 officers from almost one dozen states.
It is not possible to analyse these 800 central laws one by one, but the lax implementation of the Fair Compensation Act, one of the most progressive laws relating to land acquisition, suggests that the Government of India is hesitant to give the citizens of Jammu & Kashmir the benefits arising from progressive laws.
The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act (Fair Compensation Act) was made operational in Jammu & Kashmir with effect from October 31, 2019, but the government continues to acquire land and property by invoking the obsolete State Land Acquisition Act, 1990 (1934 A.D.) (J&K Land Acquisition Act), which was repealed following the abrogation of Article 370.


