Govt’s land for landless scheme in J&K restricted to domiciles

Govt's land for landless scheme in J&K restricted to domiciles

The landless domiciles of J&K, who are Pradhan Mantri Awas Yojana- Gramin (PMAY-G) or Awas plus beneficiaries in specified categories of Rural Development Department’s permanent waiting list 2018-19, will get 5 Marlas of state land on lease basis.

The land in respect of these beneficiaries will be granted on lease on payment of a token amount of Rs 100 per Marla as one-time premium and a nominal amount of Re 1 per Marla per annum as ground rent, in relaxation of Jammu and Kashmir Land Grant Rules, 2022.

J&K Revenue Department Thursday issued an order in this connection, in compliance with a decision of the Administrative Council-headed by the Lieutenant Governor, taken on June 21, 2023.

The lease will be for a period of 40 years, extendable further for a period of another 40 years, subject to the fulfillment of all codal formalities or norms. However, if a person fails to build a house on allotted land within a period of two years, such lease will be cancelled forthwith.

The lessee cannot sublet or sub-lease or alienate or transfer the leased land, and any contravention will terminate the lease, and the land will stand resumed to the government without any compensation.

As per the order issued by Revenue Secretary, Piyush Singla, the land will be allotted by the Deputy Commissioners in accordance with the ten-specified guidelines.

“Sanction is hereby accorded to the allotment of 5 Marla of state land on lease basis in favour of landless PMAY (G)/Awas plus beneficiaries, falling in any of six categories, out of Rural Development Department’s Permanent Waiting List 2018-19,” the order read.

The six specified categories of beneficiaries included people residing on State land; residing on Forest land; residing in Rakhs and farms; in possession of Custodian land; residing on land already allotted by the government near Dachigam Park for agricultural purposes, where construction is not permitted or any other category of cases who are otherwise eligible for Housing under PMAY-G but don’t have any land available for construction.

Following guidelines, the Deputy Commissioner concerned will allot 5 marlas of state land to a landless person.

“A person shall be considered landless if he is a domicile of J&K having a separate family and doesn’t have land in his own name or in the name of any of his family members or is not entitled to inherit 5 marla or more land,” Singla specified.

Allotment will be made to the landless PMAY (G) beneficiaries, who are figuring in the Permanent Waiting List 2018-19, surveyed by the Ministry of Rural Development, Government of India, and are otherwise eligible for housing Assistance under PMAY(G)/Awas plus.

It will be granted on lease basis in terms of the Jammu and Kashmir Land Grants Act of 1960 and the Rules made thereunder.

As per the guidelines, the Assistant Commissioner (Development) of the Rural Development Department of the district concerned will verify the case(s) and place an indent before the Deputy Commissioner along with the complete particulars of the beneficiaries, including AADHAAR. Deputy Commissioner will forward the case(s) to Tehsildar concerned for inquiry, who will identify the state land and verify the particulars of the beneficiaries, including their status of being landless. In case the beneficiary has shifted from another district, a report from the concerned district, where he was previously residing, will also be obtained to ascertain his status of being landless.

The cases will be submitted to the Deputy Commissioner concerned for lease by the Tehsildar with a copy of Jamabandi; Girdawari; Tatima or Shajra Kat; Ration Card; affidavit of the beneficiary that he is landless and the land identified for him is acceptable to him for construction of PMAY (G) house if sanctioned on the said land and statement of Lambardar and Chowkidar.

DCs would lease the state land to the beneficiaries after further inquiry as deemed necessary, Singla specified and further ordered that the grant of land on lease “shall not be construed as permission for construction, and the lessee shall seek permission from the competent authority for the construction of the house.”

The guidelines have mentioned that the lessee will use the land only for the purpose for which it is granted and will start construction of the house within three months from the date of the lease, failing which land will stand resumed to the Government without any compensation.

“Tehsildar concerned shall execute the lease agreement with the lessee as per the Form-I. The database shall also be maintained in the office of the Deputy Commissioner of all such leases on a monthly basis, which shall be submitted to the government by the Deputy Commissioner,” Singla ordered.

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