The Administration of Jammu and Kashmir recently notified Jammu and Kashmir Agricultural Land (Conversion for Non-Agricultural Purposes) Regulations 2022.

Legalities of the rules

The rules were notified under the Jammu and Kashmir Land Revenue Act, Samvat 1996.

Rules

• An agricultural land can be used for a non – agricultural purpose only after taking permission from the district collector. The collector will have to get recommendations from the district level committee.
• The party seeking permission has to deposit a requisite fee.
• The land shall be used only for the purpose included in the permit. It shall not be used for other purposes.
• The applicant should start the work within one year of getting permission. Failing to do so, the permission will lapse. The collector shall extend the permission after one year for unavoidable reasons. However, the maximum limit to such permission is two years.
• The application shall be filed online in the exclusive portal.

Process

• After getting the application, the district collector forwards it to revenue field agencies. A copy of the application should also be sent to power department, jal shakti department, National Highway of India, irrigation flood control, airport authority, railway authority. All these departments should provide” No Objection Certificate”.
• After receiving the No Objection Certificate, the collector holds a meeting with the District Level Committee. The committee makes recommendations based on the genuineness of the claim made by the project.

About the District Level Committee

It meets on weekly basis. It notifies the general public about the project and its proceedings. It also notifies the general public about the applicants. The committee should consider court cases filed against the changes in land use.

Role of district Collector

After taking the recommendations from the committee, the collector communicates the deficiencies of the project with the applicant. He will also pass on the comments and decisions taken over the project. This is done in a prescribed time frame. The time period to decide on an application is around 30 days.