Peoples Democratic Party (PDP) MLA Waheed Para has submitted a Private Member’s Bill seeking regularisation and recognition of property rights of residents in public land as a one-time special measure.
The proposed legislation, which Para described as an “anti-bulldozer” Bill, comes two years after the Lt Governor administration launched a massive demolition drive against alleged encroachment, triggering massive public outcry both in Kashmir and Jammu regions.
The Bill seeks to provide special provisions for the residents of the UT for recognising the proprietary rights of houses “constructed on State land, Kacharia land, Common land and Shamilat land (section 4 of J&K Agrarian Reforms Act, 1976)… in the interest of right to shelter as guaranteed by Article 21 of Constitution of India…”
“… the need of the hour is to take a compassionate decision in regularizing the said construction of residential houses across Jammu and Kashmir in the interest of public welfare,” the Bill reads.
Para, who is also the PDP youth president, said the proposed legislation will save homes and shelters and “reduce fear of eviction”. “Some people are given land in landless schemes but people who are living in their own constructed homes are evicted repeatedly.”
The Bill says that the civilian courts shouldn’t have the jurisdiction to “entertain any suit or proceedings” in such cases, “the cognizance of which can be taken and disposed of by any authority empowered by this Act or the policy made thereunder.”
“Any criminal or civil case or suit or any proceeding which is pending adjudication before a criminal or civil court or before any law enforcement agency, on or before 1st March, 2025 in relation to any action taken by authority qua the use or construction on a Public Land as defined under this Act, shall be deemed to have been withdrawn…,” the Bill reads.
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The Budget Session of the Assembly will start in March in Jammu.
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