Jammu: State land worth 5 Marlas will be made available on a lease basis to landless residents of J&K who are Pradhan Mantri Awas Yojana- Gramin (PMAY-G) or Awas plus beneficiaries in certain categories of the Rural Development Department’s permanent waiting list for 2018–19.
In accordance with a relaxation of the Jammu and Kashmir Land Grant Rules, 2022, the land in respect of these beneficiaries would be awarded on lease upon payment of a minimal sum of Rs 100 per Marla as a one-time premium and a nominal sum of Re 1 per Marla per year as ground rent.
In accordance with a decision made on June 21, 2023 by the Administrative Council, which is led by the Lieutenant Governor, the J&K Revenue Department on Thursday issued an order in this regard.
The lease will be for 40 years, with the option to renew it for an additional 40 years, provided that all statutory requirements are met. However, a person’s lease will be immediately terminated if they fail to construct a home on the designated property within two years.
The leased property cannot be sublet, subleased, alienated, or transferred by the lessee, and any violation will result in the lease being terminated and the land being returned to the government without payment.
The land would be allocated by the Deputy Commissioners in compliance with the 10 stipulated parameters, per the directive given by Revenue Secretary Piyush Singla.
“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 decision said.
People living on State land, Forest land, Rakhs and farms, in possession of Custodian land, on land already allotted by the government near Dachigam Park for agricultural purposes, where construction is not permitted, or any other category of cases that are otherwise eligible for Housing under PMAY-G but don’t have any land available for construction, were among the six specified categories of beneficiaries.
The competent Deputy Commissioner shall provide 5 marlas of state land to a landless individual in accordance with the rules.
“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 said.
The Permanent Waiting List 2018–19, compiled by the Ministry of Rural Development, Government of India, and including landless PMAY (G) recipients who are otherwise qualified for housing assistance under PMAY(G)/Awas Plus, would be allocated to them.
In accordance with the Jammu and Kashmir Land Grants Act of 1960 and its implementing rules, it will be provided on a lease basis.
According to the regulations, after verifying the case(s), the Assistant Commissioner (Development) of the Rural Development Department of the relevant district would provide an indent to the Deputy Commissioner together with all relevant beneficiary information, including AADHAAR. The Deputy Commissioner will forward the case(s) to the appropriate Tehsildar for investigation, who will locate the state land and confirm the beneficiaries’ information, including their status as landless. If the recipient has moved from another district, a report from the district in question, where he had been living, will also be acquired to determine whether or not he is a landless person.
The Tehsildar will submit the cases to the relevant Deputy Commissioner for lease along with a copy of the beneficiary’s affidavit stating that he is landless and the land identified for him is acceptable to him for construction of a PMAY (G) house if sanctioned on the said land and statements from Lambardar and Chowkidar.
Singla 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.” DCs would lease the state land to the beneficiaries after further inquiry as deemed necessary, Singla specified.
According to the rules, the lessee must begin building on the property within three months of the lease’s signing and must only use it for the intended purpose; otherwise, the government would be given the land back without compensation.
“The relevant Tehsildar should sign the Form-I lease agreement with the tenant. Additionally, a monthly database of all such leases must be kept at the Deputy Commissioner’s office and provided to the government by the Deputy Commissioner, according to Singla’s directive.
