New Land laws Challenged in Supreme Court by CPI(M) Leader Mohammed Yusuf Tarigami
(Judicial Quest News Network)
CPI(M) Leader Mohammed Yousuf Tarigami has filed an Application in Supreme Court for direction in the pending Writ Petition Challenging orders of the Ministry of Home affairs, which allows people from across the country to buy land in the Territory of Jammu & Kashmir, including agricultural land.
Tarigami submitted that the new land laws promulgated by the Central Government permits anyone from any part of the country to buy land in J&K terms it to be illegal for the reason that the powers to make such laws are derived by the Central Government from the Jammu & Kashmir re-organization Act, 2019, which is itself unconstitutional.
Tarigami submitted that Instrument of Succession, the Constitution of Jammu and Kashmir, Article 370 and Article 35A of the Constitution of India, the said law was protected and continued to remain in force till the issuance of the notification dated 26.10.2020 by the MHA. The Jammu and Kashmir Alienation of Land Act,1938 was repealed by way of the notification dated 26.10.2020 of the MHA.
It is further submitted that the notification dated 26.10.2020 by the MHA. The Jammu and Kashmir Alienation of Land Act, 1938 was repealed by way of the notification dated 26.10.2020 of the MHA.s
The Jammu and Kashmir Big Landed Estates Abolition Act, 1952 provided for abolition of large estates and their transfer to actual tillers. Under this Act, the optimum unit of land that a landlord can retain was fixed at 182 kanals (22.75 acres).
The Jammu and Kashmir Big Landed Estates Abolition Act, 1952 led to escheatment of excess land in favour of the State for distribution amongst the tillers etc. The land had not been actually acquired by 9000 expropriated landlords but earmarked by Maharajas as owners (State land) from time to time for utilization for production of food grains through them as Chakdars and Mukararies.
The Jammu and Kashmir Agrarian Reforms Act was also for ”better utilization of land”
& this Act by inclusion in the 9th schedule of the Constitution of India can’t be questioned with regard to its constitutionality much less change of its import. The above law was followed by Jammu and Kashmir Agrarian Reforms Act, 1976 restricting the land holding to twelve and half acres and the above laws have ensured equitable distribution of wealth that ultimately led to food security and prosperity in the region.
The Jammu and Kashmir Big Landed Estates Abolition Act, 1952 was repealed with effect from 26.10.2020. True copy of the Jammu and Kashmir Big Landed Estates Abolition Act, 1952.
In the Application Tarigami points out that new law prohibits the sale of agricultural land to a non- agriculturist, yet authorizes the government of an officer appointed by it to “grant permission to an agriculturist to alienate the land to a non -agriculturist byway of sale ,gift, exchange or mortgagor for such agreement on such conditions as may be prescribed “it is submitted that the change of land use can’t be left at the caprice of bureaucracy more so at the lower rung of District Collectors.
It is futher submitted that “If the decommissioning or de operationalizing of the Articles 370 and 35A are unconstitutional, it is submitted that the amendments and changes sought to be made vide notification dated 26.10.2020 are also unconstitutional as the Central Government derives power to issue the notification dated 26.10.2020 from Section 96 of the Jammu and Kashmir Reorganization Act, 2019 that was enacted subsequent to the issuance of Presidential Orders dated 05.08.2020 and 06.08.2020 whereby Articles 370 and 35A were decommissioned”
In the light of the above submissions the Applicant seeks a stay on the 26,October Notification till the disposal of the Writ Petition.
