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The Hindu
The Hindu
National
Ishita Mishra

Uttarakhand govt restricts purchase of land by outsiders

Chief Minister Pushkar Singh Dhami has ordered all District Magistrates in Uttarakhand to deny attempts by “outsiders” to buy land in the State for the purpose of agriculture or horticulture. These orders will remain in place until the five-member drafting committee constituted by the State government for a detailed examination of the report submitted by the committee on ‘bhoo kanoon’ (land laws) submits its report to the government.

The order follows protests in the State capital, Dehradun, by social organisations, under the umbrella of ‘Mool-Niwas Bhoo-Kanoon Samvanya Sangharsh Samiti’. They demanded curbs on the large-scale sale of land in Uttarakhand to people from outside the state. The protestors also demanded raising the minimum number of years required for a non-Uttarakhand resident to get a domicile certificate.

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“In the public interest, it has been decided that until the committee on Land Law submits its report, District Magistrates will not allow persons from outside Uttarakhand to purchase land for the purpose of agriculture and horticulture here,” the government communique reads.

Background checks

Mr. Dhami said that the government, in May this year, decided that authorities will perform background checks of prospective buyers. The stated purpose for buying land will also be examined.

“We have stopped the purchase of land by outsiders for the purpose of agriculture. The verification of all other types of land will be done,” Mr Dhami said adding that he had directed the committee examining the land law to seek suggestions from the public, and experts across various domains and prepare its report expeditiously.

Uttarakhand was carved out of Uttar Pradesh in the year 2000. According to an amendment made in 2004 in Section 154 of the Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950, individuals who don’t hold immovable property in the state before September 12, 2003, can purchase land for the purpose of agriculture and horticulture with the permission of the district magistrate.

Under the Congress government in Uttarakhand, former Chief Minister ND Tiwari in 2003 introduced the first-ever limits on land purchases in the hilly areas of the state by non-Uttarakhand residents. The restrictions remain in place with amendments.

BJP lifted all curbs

In 2017, Trivendra Rawat who was named CM after the Bharatiya Janata Party won, lifted all restrictions on land purchase. The aim was to help the state progress. Mr Rawat resigned in March 2021 but the BJP which came to power once again in 2022 faced tremendous pressure from social organisations to reinstate regulations on sale and purchase of land in the state. This included a cap of 250 square metres in municipal areas and a complete ban on sale of land in rural areas.

Mr Dhami constituted a committee to look into land laws in 2021. The committee submitted its report earlier last year. It made 23 recommendations including making the state an approver to allow purchase of farmland, and not DMs. The committee also recommended that certain provisions applicable in Himachal Pradesh should be introduced in Uttarakhand along with the already existing Uttar Pradesh Zamindari Abolition and Land Reforms) Act, 1950.

In December 2023, the state formed a five-member drafting committee under the chairmanship of Additional Chief Secretary (home) Radha Raturi for a detailed examination of the report submitted by the committee on land laws. The CM also added that Garhwal and Kumaon Commissioners should also be included in the committee apart from other experts.

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