J&K Revenue Department Receives Legal Clarity on Land Transfer Under 1965 Government Order: Advocate General Approves Continuation of Proprietary Rights
Legal Opinion Paves the Way for Transfer of Land Rights; Government to Proceed as per Historical Order No. 254 (C), Ensuring Consistency with Past Practices
||Black and White Digital News ||
||Parvinder Singh August 24,2024 ||
JAMMU :In a significant development, the Jammu and Kashmir Revenue Department has obtained a crucial legal opinion regarding the transfer of land under Government Order No. 254 of 1965. The matter, which has been under review, revolves around the continuation of granting proprietary rights to allottees, a practice that dates back several decades.
The inquiry was initiated by the Inspector General of Registrations, J&K, in January 2023, and focused on whether the existing provisions under Government Order No. 254 (C) could still be applied to grant proprietary rights. The order, originally established in 1965, has been pivotal in defining land ownership in the region.
Advocate General’s Legal Opinion:
After a detailed examination of the matter, including extensive discussions with relevant officials, the Advocate General of J&K provided a comprehensive legal opinion. The opinion highlighted that continuing to grant proprietary rights under the 1965 order aligns with both historical practices and current legal standards.
The Advocate General stated that “there is no harm in allowing the position as was prevalent prior to the opinion expressed earlier in granting proprietary rights in favor of the allottees.” This reaffirms that the legal framework supports the ongoing recognition of proprietary rights for landholders under the Government Order.
Departmental Response and Next Steps:
Following the receipt of this legal opinion, the Under Secretary to the Government, Revenue Department, Afaq Ahmad JKAS, issued a directive on 16th August 2024, advising the Inspector General of Registrations to proceed with the transfer of land rights as outlined in the Government Order No. 254 (C).
This directive marks a critical step in ensuring that land allottees continue to receive their rightful ownership, as initially intended by the historical order. The decision is expected to provide clarity and legal security to numerous landholders across Jammu and Kashmir.
Implications for the Region:
The endorsement from the Advocate General not only upholds the legitimacy of past practices but also fortifies the state’s commitment to honoring long-established land rights. By ensuring that the proprietary rights of allottees are respected, the government reinforces confidence in its land administration policies, which is vital for the socio-economic stability of the region.
This decision is anticipated to have a ripple effect, setting a precedent for similar land-related cases in Jammu and Kashmir. It underscores the importance of legal continuity and the respect for historical policies in managing land resources.
The J&K Revenue Department’s receipt of a clear legal opinion from the Advocate General regarding the transfer of land under Government Order No. 254 (C) signifies a crucial affirmation of the state’s land policies. By proceeding with the grant of proprietary rights as per the historical order, the government demonstrates its dedication to maintaining legal consistency and upholding the rights of landholders across the region.
