J&K Assembly Votes Down Bill on Legalizing Homes Built on Government Land

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Srinagar: The Jammu and Kashmir Assembly on Tuesday rejected a private member’s bill that sought to grant proprietary rights to residents who have illegally built houses on government land. Chief Minister Omar Abdullah opposed the move, warning that such legislation would “open floodgates for land grabbing.”

The bill was introduced by PDP MLA from Pulwama, Waheed Para, who proposed special provisions to recognise ownership rights of individuals residing in houses built on State, Kacharia, Common, and Shamilat land as defined under Section 4 of the J&K Agrarian Reforms Act, 1976. Para argued that the bill aimed to secure the “right to shelter” under Article 21 of the Constitution.

However, the government firmly opposed the proposal and urged Para to withdraw it.

“On the surface, it looks simple—someone builds a house on government land, and we legalise it. But we have seen what happened with the Roshni scheme,” said Chief Minister Omar Abdullah, referring to the earlier programme that allowed conversion of leasehold land into freehold property, intended to fund power generation.

He pointed out that the previous PDP-Congress coalition government had removed safeguards from the Roshni scheme, leading to controversy and litigation. “This bill goes even beyond Roshni, as it has no cut-off date. We cannot support that. There are already provisions under PMAY to provide land to the landless. I request the member to withdraw the bill,” Abdullah said.

In response, Para argued that if the government could provide land to the landless and homes to the homeless under PMAY, it should not evict those already living on state land. “This is not just about one area but about the entire J&K. The NC has a legacy of Sheikh Abdullah to uphold,” he said.

The chief minister retorted that the PDP had never claimed the National Conference’s legacy. “Sheikh Abdullah’s land-to-the-tiller law gave land to cultivators, not encroachers. There’s a vast difference. Such a bill would only encourage land grabbing,” he said.

Abdullah also dismissed Para’s remark suggesting the bill would benefit the chief minister’s relatives, clarifying that they were not illegal occupants but leaseholders. “I wouldn’t support such a bill even if it were for my relatives,” he added.

When Para declined to withdraw the bill, Speaker Abdul Rahim Rather put it to a vote. The bill received support from only three members and was defeated by voice vote.

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