- The Jammu and Kashmir administration has withdrawn a 1971 circular that made it mandatory for the Indian Army, the Border Security Force and the Central Reserve Police Force
- To obtain a “no objection certificate” to acquire land in the region.
- Until now, the armed forces had to take No Objection Certificate from the Home Department.
- The order was issued by the Jammu and Kashmir revenue department on July 24.
- “In view of the extension of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 to the UT [union territory], the circular which prescribed obtaining of No Objection Certificate from the Home Department for acquisition/ requisition of land in favour of Army, BSF/CRPF and similar organisations is hereby withdrawn,”
Now, how the land Acquisition will be cleared?
- Such acquisition will now be covered under-
- The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act,
- The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 provides for land to be acquired
- “for strategic purposes relating to naval, military, air force, and armed forces of the Union, including central paramilitary forces or any work vital to national security or defence of India or State police, safety of the people”; and states that “in relation to acquisition of land situated within a Union territory (except Puducherry), the Central Government is the appropriate authority for acquisition of land” under the provisions of the Act.
Compensation under the 2013 Land Acquisition Act
- In the case of rural area, it is four times the market rate and for an urban area, it is two times.
- Affected artisans, small traders, fisherman by the land acquisition are given one-time payment even if they do not own any land.
- Employment to one member of an affected family.
- In case someone is not satisfied with an award under the Act, they can approach the Land Acquisition, Rehabilitation and Resettlement (LARR) Authority.
Construction in strategic areas
- The move comes days after the J&K administration gave its approval to an amendment to
- The Control of Building Operations Act, 1988 and the J&K Development Act, 1970.
- This for carrying out construction activities in “strategic areas” by armed forces.
- After the move was criticised, the administration clarified that,
- The changes provide for a special dispensation for regulating construction in “strategic areas”, required by the Armed Forces for their “direct operational and training requirements”.
- There is no decision to either transfer any new land or declare areas outside cantonments or army land as strategic.