Bill to benefit super elite of Kashmir: Lone
Avtar Bhat
JAMMU, Apr 1: A Private Member’s Bill allowing renewal of leases of Government land was introduced in the Jammu and Kashmir Legislative Assembly today after the ruling National Conference (NC) decided not to oppose it, but Chief Minister, Omar Abdullah said they will take a call on supporting its passage once the debate is completed.
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The opposition BJP alleged that the ruling party was using its mandate “not for the public good, but to protect the interests of the elite”, calling it a “breach of trust” and “disappointing”.
The Bill introduced by NC’s Tanvir Sadiq seeks that no person in lawful occupation of the land leased or granted under the 1960 rules shall be evicted or displaced except in accordance with due process of law. Further the rights of existing leases to apply for renewal, extension or transfer as provided under earlier rules shall stand protected.
“The Government shall, within six months of commencement of this Act , notify a transparent process for verification and renewal of subsisting leases under the restored framework.”
As per the statement of the Bill the J&K Land Grant Act, 1960 was landmark legislation that regulated the lease of Government lands for residential, commercial and public purposes balancing development with social equity.
Moreover the Jammu and Kashmir Land Grants Rules 2022, issued without Legislative consultation, drastically altered this framework by ending the long standing renewal rights of leases, introducing auction based reallocations, curtailing lease periods and opening doors for nonresident entities to acquire prime land.
It further stated that these changes have led to insecurity among lawful leaseholders, dislocation of local businessmen and erosion of community confidence in land governance.
So the bill seeks to repeal the J&K Land Grants Rules 2022, restore the original 1960 land grants framework, protect the existing leases from the eviction and ensure that the land of J&K remains primarily for the benefit of the people.
The Chief Minister, who also holds the Revenue portfolio, said he would not oppose its introduction.
“A private Member’s Bill has been introduced by the member. If I were to respond in line with what has been communicated to me by the Department, I would have to oppose it. However, if I oppose it at this stage, it is likely that no one except Sadiq will get an opportunity to speak on it.
“I want the House to discuss this in detail. After that, the Government will take a decision on whether to support the Bill or not. Therefore, at this stage, I will not oppose its introduction,” Abdullah said.
Accordingly, Speaker Abdul Rahim Rather put the motion to a voice vote which was cleared with the support of the ruling National Conference, while the opposition remained silent.
Earlier, Sadiq defended the introduction of the Bill, saying the 1960 Act was amended by the Lt Governor-led administration in 2022 without the involvement of the Legislature.
He said the Bill intends to address the concerns of individuals who had legally acquired land on lease for purposes such as schools, shops, residential houses and hotels.
“This is meant to provide relief to legal leaseholders and not those who have encroached on Government land,” the NC leader asserted.
If passed, the Bill would allow renewal of existing leases instead of fresh auctions, providing major relief to several hotel owners whose leases have either expired or are nearing expiry.
BJP’s RS Pathania lampooned Omar Abdullah Government for introducing the Bill.
While stoking a point and putting the Government in a tight corner, during discussions on Private Members Bills, Pathania, mounted a sharp constitutional challenge on the floor of the House against the proposed J&K Land Grants (Restoration and Protection) Bill, 2025, terming it legally untenable, constitutionally flawed, and jurisprudentially unsound.
He asserted that under the Jammu and Kashmir Reorganisation Act, 2019, the legislative architecture of the Union Territory is firmly aligned with the Constitution of India, and any attempt to revive a pre-2019 legal regime is impermissible.
He categorically held that Parliamentary supremacy cannot be diluted by a Private Member’s Bill seeking to undo a post-2019 statutory framework, the attempt to declare the 2022 Rules as “void ab initio” is a clear overreach of Legislative competence of J & K Assembly and reverting to outdated frameworks like the 1960 regime introduces legal inconsistency and double standards in governance.
He emphasized that it is Constitutionally, legally and jurisprudentially not apt for the UT legislature to nullify the mandate of Parliament, warning that such attempts are Constitutionally suspect and politically motivated.
Accusing Government of playing to the tunes of elites who have gobbled up valuable Government properties, on throwaway prices to select beneficiaries, and this Bill seeks to legitimise and extend that legacy he said that while several Bills are routinely blocked, this one was given a free pass with a clear ulterior design which exposes the Government’s conflict of interest and compromised credibility, placing it in a tight constitutional and moral corner.
BJP’ s Balwant Singh Mankotia also lambasted the double standards of the Government which he said opposed his Bill on grant of rights to occupants of evacuees property while introducing the NC Member’s Land Grants Amendment Bill.
The Leader of Opposition in J-K Assembly, Sunil Sharma, who was not present in the House, termed the introduction of the Bill as “disappointing”.
“Your (people’s) mandate now appears to be used not for the public good, but to protect elite interests – be it Nedous, the Chief Minister’s personal property, or a circle of influential, cocktail-circuit associates,” Sharma said in a post on social media.
He said the Chief Minister lost no time in permitting the Private Member’s Bill. “This raises serious concerns. The move seems to be setting the stage for releasing vast tracts of Government land at throwaway prices – continuing a pattern that has persisted for decades. What message does this send to the common citizen?” he asked.
The BJP leader said it is unfortunate that instead of safeguarding public assets and ensuring justice for the marginalised, the Government appears to be “enabling and patronizing a privileged few – those who have long benefited at the cost of the poor”. “This is not just disappointing – it is a betrayal of trust,” he said.
Meanwhile, Peoples Conference president Sajad Gani Lone criticised the move, alleging that the Bill is designed to benefit the “super elite” of Kashmir. In a post on X, Lone questioned the intent of the Legislation, stating that it pertains to high-value Government land and may involve assets worth tens of thousands of crores.
He further raised concerns about the exclusion of economically weaker sections, asking what relief the Bill offers to poor families living on small land parcels who continue to face hardships. While clarifying that he is not opposed to the Bill itself, Lone asserted that its primary beneficiaries would be affluent sections.
He also sought details regarding the extent of Government land under lease and the revenue generated so far, urging greater transparency from the Government on the matter.
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