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Landmark Decision
12/14/2022 11:20:53 PM

In a landmark decision, the J&K government has notified new Land Grants Rules extinguishing all the previous rules on the subject.
All monopolies on government lands in cities, towns and health resorts in Jammu and Kashmir will end after the implementation of new Land Grants Rules, 2022.
Under the provisions of the new rules all outgoing lessees will have to handover possession of land to the government which they had taken on lease where leases have either expired or were determined prior to rules as ‘not to be renewed.’
After August 5, 2019, when the Centre announced its decision to abrogate J&K’s special status and divided it into two Union Territories the government has taken many such decisions which have had ripple effects.
During the past three years the government has cancelled the lease agreements of many such pieces of state land which were allotted to influential people in violation of norms.
The lease agreements that were not renewed for the past many years have been renewed and everyone has been provided with an opportunity to participate in the bids for the government land.
The discrimination has been done away with and any person who wants to take the state land on lease can do so after completing the procedure.
The Land Grants Rules 2022 states: “All the outgoing lessees (except in the case of subsisting/expired leases for residential purposes) shall immediately handover the possession of the land taken on lease to the government, failing which the outgoing lessee shall be evicted as per the provisions of public premises (eviction of unauthorised occupant) Act, 1988.”
The direction is clear that if lease agreement has expired then one has to handover the possession to the government and if he/she fails to do so, the lessee could be evacuated forcibly.
History stands testimony to the fact that during the past 70-years prime locations in J&K were given to influential people on lease against a very low premium.
Even the lease periods had expired but during the past three years the government has acted tough against the defaulters. The main aim has been to streamline the system.
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