BJP wants to ‘kill’ crucial Bill that halts land transfer to non-state subjects in Jammu

Revenue dept says situation alarming in Jammu; ‘Land being transferred to non-locals through power of attorney, agreements’

The Bharatiya Janata Party leadership is making all-out efforts to sabotage a crucial Bill aimed at plugging loopholes in the J&K Transfer of Property Act to prevent transfer of land to non- state subjects in Jammu province, sources told Kashmir Post on Tuesday. The Bill was introduced in the Legislative Assembly on Saturday following the State cabinet’s approval for the same on June 23.
Highly placed sources told Kashmir Post that top BJP leadership has decided to oppose the bill aimed at plugging lacunas in the J&K Transfer of Property Act-1977, on the grounds that it is averse to the party’s position on J&K. This is notwithstanding the fact that BJP ministers were present in the cabinet meeting in which the bill was cleared for introduction in the House.
The amendments proposed by the State Revenue Ministry seek restrictions—throughout the State—on taking possession of or construction activity on property transferred, unless it is registered in accordance with law of the land. Presently, such restrictions are applicable to Kashmir only.
“No person shall take possession of or commence to build or build on any land in Province of Kashmir which has been transferred or has been contracted to be transferred to him unless and until such transfer becomes valid under the provision of sub-section (1), Sub-section(3) of Section 138 of the Transfer of Property Act,” reads an amendment.
Under the proposed amendments, the State Government has sought to substitute the words “province of Kashmir” with the word “State”.
According to the J&K Government, the Bill was introduced to rectify the aberration that has led to transfer of land to non-state subjects in Jammu province. “The restriction created under sub-section (3) of Section 138 of the Transfer of Property Act, regarding taking possession of and transfer of immoveable property for commencing any construction activity is limited to Kashmir province only. However, no such restriction has been imposed in the Act for the aforesaid purpose in respect of Jammu division, with the result the land is being transferred to the non-permanent residents of the State, through unrecognized modes; like power of attorney, agreement to sell etc.,” reads the Statement of Objects and Reasons of the Bill introduced in the House.
“The situation in Jammu division has reached at an alarming level which warrants rectification of the aberration in the principal legislation i.e. sub-section (3) of Section 138 of the Transfer of Property Act.”
According to sources, the BJP leadership is making efforts to persuade the Government to withdraw the Bill.
The party has also passed directions to its legislators to move an amendment to oppose the Bill, they said.
“The party lawmakers are likely to submit an amendment in this regard tomorrow. They have been told to oppose the Bill if it is tabled in the House for consideration and passage on June 30,” sources disclosed.
Sources also revealed that BJP leadership is also exploring options to ‘kill the bill’. “The party leadership may force the PDP-controlled Revenue Ministry to defer or withdraw the Bill. They are also looking at the option of referring the bill to select committee or seeking public opinion over it,” sources said.
Legal experts told Kashmir Postthat State Government has no option than to table the bill for consideration and passage on June 30—the day allotted for Government business in the House.
“As per precedence and procedures, the House has to take up the Bill for consideration and passage on June 30,” they said.
Meanwhile, observers said all eyes would be on PDP, NC, Congress lawmakers from Kashmir, Peoples Conference and others, over their position on the bill.
“It would be interesting to watch whether they would support the bill or toe the BJP line over the issue. Anything less than passage of the Bill would tantamount to sabotaging it,” they said.