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| HC seeks Centre, J&K Govt response on bar against sale of land under Agrarian Reforms Act | | | Early Times Report
JAMMU, Sept 17: The High Court of Jammu & Kashmir and Ladakh has sought response from the Union of India and the J&K Government on a petition challenging restrictions on the sale and transfer of land vested under Section 12 of the J&K Agrarian Reforms Act, 1976.
A Division Bench comprising Justice Sindhu Sharma and Justice Shahzad Azeem, while hearing petition, issued notice to the respondents, returnable within four weeks. The petitioners have been directed to take requisite steps for service within two weeks. The matter has been listed for November 4, 2026.
The petitioners have challenged the amended Section 28-A of the J&K Agrarian Reforms Act, substituted through the Jammu and Kashmir Reorganisation (Adaptation of State Laws) Fifth Order, 2020. Their case is that while the amended provision allows transfer, subject to prescribed conditions, of land vested under Section 8, similar benefit has not been extended to persons whose ownership rights arise under Section 12. They have alleged violation of Articles 14 and 300A of the Constitution.
The petition has been filed by Ram Dass, Devi Dayal, Pawan Kumar, Babu Ram and Satya Ram, who claim ownership over 8 Kanals and 5 Marlas of land under Khasra No. 2060 Min at Bhalwal, Jammu, vested in their favour under Section 12 of the Act.
Advocate Parimoksh Seth, appearing for the petitioners, submitted that exclusion of Section 12 landholders from the benefit available to Section 8 landowners creates an arbitrary distinction among similarly placed landowners. The High Court order records no appearance on behalf of the respondents at this stage.
The petitioners have sought either a declaration that amended Section 28-A is unconstitutional to the extent it excludes Section 12 landowners, or a direction to the Centre and J&K Government to bring Section 12 ownership within its scope.
The petition states that Section 12 permits settlement between an ex-owner and a prospective owner through a written agreement relating to payment and apportionment of land, provided the agreement is duly registered or authenticated by a Revenue Officer not below the rank of Tehsildar.
The dispute arose after the petitioners applied on December 9, 2025 for issuance of Fard Intikhab for five marlas out of their total land. Their application was rejected on March 16, 2026, with the revenue authorities recording that ownership had been transferred under Section 12 but there were no clear directions for issuance of the Fard.
The petitioners have also relied upon an alleged January 2023 Administrative Council decision authorising the Revenue Department to move amendments to Sections 21 and 28-A so as to extend transfer benefits to lands vested under Sections 6, 7 and 12 and bring them at par with land vested under Section 8. According to the petition, the proposed amendment has not yet been carried through.
In the interim application, the petitioners have further sought a direction to the J&K Government to disclose the status of the proposed amendment and whether the proposal approved by the Administrative Council was forwarded to the Union Government.
(JNF) |
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