Uttarakhand passes ‘stricter’ land laws for outsiders to buy land, local groups, opposition parties debunk claims

Uttarakhand passes ‘stricter’ land laws for outsiders to buy land, local groups, opposition parties debunk claims

S.M.A.KAZMI
Dehradun, Feb 22

Claiming to bring stricter land laws restricting outsiders to buy land in the state particularly in the hills, the state BJP government has got an amendment bill to the Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950, passed in the state assembly on Friday, barring plain districts of Haridwar and Udham Singh Nagar.

Interestingly, while the Chief Minister Pushkar Singh Dhami as well as the plaint media has hailed the ‘stricter’ land laws as ‘historic’ but local groups and opposition parties have rejected these claims and alleged that the state government has tried to hoodwink the people by laying a circuitous route to those who could buy or have land in the state.

Chief Minister Dhami had claimed on the floor olf the house that these amendments would lay the foundation of land reforms in the state and rein in land mafia leading to better land management. He had further claimed that these were in keeping with the sentiments of the people of the state and help protect their rights. He said that it would also help differentiate between land mafia and genuine investors and would protect the latter’s interests. The need for it was being felt as land purchase rules were being violated on a large scale in the state. Large chunks of land were bought in the name of opening different undertakings and giving employment to the locals but those were used for other purposes, he said.

“This historic step will protect the state’s resources, cultural heritage and rights of citizens as well as play an important role in maintaining the original identity of the state. Our government is fully committed to the interests of the people, and we will never let their trust break. This law will also prove helpful in maintaining the original form of the state,” he said in a social media post

There had been an agitation in the state demanding stricter laws to stop large scale violations of land purchase rules that have been causing a gradual shrinking of agricultural land, especially in the hills.

According to the amendments ,the permission for buying land for  agricultural, horticulture  and industrial purposes which earlier vested with respective District Magistrates have been withdrawn. Now, such transactions have been allowed in plain district of Haridwar and Udham singh Nagar districts but with prior permission from the state administration. Nobody would be allowed to take more than 12.5- acres land except in Haridwar and Udham Singh Nagar districts. For residential purposes, any outsider can have 250 square meters of land after giving an affidavit to that effect.

Interestingly, it was publicised that the new land law will repeal all provisions implemented in 2018 by then BJP Chief Minister Trivendra Singh Rawat which gave permission to buy even more than 12.50 acres land for industrial purposes in the state including hills and easier land use change for such land deals in a bid to attract industrial investments. On the contrary, this led to alleged large scale sale of land in the hills resulting in outcry from local social and political groups. However, the amendments did not reflected the proposed changes.

Indresh Maikhuri, Secretary, CPI(ML) said that Trivendra Singh Rawat amending the land laws had added section 154 (2) and  the present government after removing  154 (2) has added a similar provision in 154 (2) (1) which states that land would  only be transferred in the plain district of Haridwar and Udham Singh Nagar districts but the provisions of the Act will not be applicable in municipal limits. Meaning, that land in cities, towns and cantonment boards would be available to outsiders.

He further said that the section 156 of the amendments states that for agriculture, horticulture, alternate energy sources and such enterprises,land anywhere in the state could be procured on 30 years lease basis. Indresh maikhuri charged that Trivendra Singh government had added a provision in section 143 that for industrial purposes, the land use change would be automatic. “ Since there is no change in that section, so that provision stays belying, the claims of the BJP state government,” he added.

It was under pressure from local groups that Chief Minister Dhami had formed a committee headed by former Chief Secretary Subhash Kumar to suggest changes in land laws. The committee submitted its’ report with reported 23 suggestions but another committee was formed headed by present Chief Secretary Radha Raturi to go into further details. The Dhami government came up with amendments to the land laws in the ongoing budget session of state assembly.

Even twenty-four  years after the creation of Uttarakhand, the people of the state continue to be restive about the use of their land and resources, for the past two years there were protests throughout the state by various groups demanding restoration of stringent land laws and 1950 as a cut-off date for domicile certification.

Since the formation of the state in 2000 there have been many restrictions on outsiders buying land in the state. In 2018 Trivendra Singh Rawat who was then the Chief Minister increased the cap for the area of land that could be purchased by investors for the tourism industry, horticulture, agriculture and energy sector in the state from 12.5 acres to 30 acres.

Successive governments from the Congress to the BJP have tinkered with the law claiming that it was being done to make investment in Uttarakhand attractive to investors. In 2003, the ‘Uttaranchal UP Zamindari Abolition and Land Reform Act 1950-Adaptation and Incorporation Amendment Ordinance 2003’ was brought in which prevented outsiders from buying more than 500 square metres of agricultural land in Uttarakhand. In 2007, BJP CM Lt Gen (retd) BC Khanduri reduced the area of land that outsiders could buy in the state to 250 sq m. However, these restrictions did not apply to urban areas. In 2018 BJP CM Trivendra Singh  Rawat set aside the 2003 amendment paving the way for outsiders to buy any amount of land in the hill state. Agricultural land could be purchased and put to any non-agricultural use, to attract investment in the state.

It may be recalled that Dhami was also instrumental in raking up the ‘Land Jehad’ issue in the state before the 2022 state elections. Interestingly, it was the issue of ‘Land Jehad’ which was used and an imaginary fear of ‘Muslim invasion’ through purchase of land in the state was created to win the state elections. In September 2021 before the state assembly elections, the District Magistrates and SSP’s of all the districts were asked to report about ‘Land jehad’. But after winning the polls, the issue was conveniently forgotton since there was no truth in it.

“ It is a fraud which has been perpetuated with the people of the state in the name of stricter land laws. The provisions made by previous BJP government have not be repealed and a more circuitous route for sale of lands through senior bureaucrats and politicians have been kept open. The BJP government has  kept open playing field for the rich and mighty of the country to buy land in Uttarakhand at will and jeopardise the rights of the people of Uttarakhand. The BJP Chief Ministers have  wreaked havoc with ‘Uttaranchal UP Zamindari Abolition and Land Reform Act 1950-Adaptation and Incorporation Amendment Ordinance 2003’  brought by the Congress Chief Minister ND Tiwari,” charged senior vice-president of Uttarakhand Congress  Suryakant Dhasmana.

The demand by leader of opposition Yashpal Arya not to rush with the lands laws and refer it to select committee were brushed aside with Chief Minister Dhami assuring that land reforms are  continuous process.

Indresh Maikhuri ,the firebrand young leftist leader said that instead of such farcical laws there is need for land ‘Bandobast’ and ‘Chakbandi’ in the hills which last took place in 1964. He said that as per the state BJP government more than 88141 hectares of land in the hills have become infertile due to variety of reasons.