Jammu, Sep 26: The Jammu and Kashmir Government has proposed a new regulatory framework for residential leases of government land, aimed at ensuring transparent allotment and preventing unauthorised transfers, encumbrances and subletting of leased properties.
The proposed Jammu and Kashmir Grant of Land for Residential Land Lease Rules, 2026 will govern residential leases issued under the J&K Land Grants Act, 1960. The framework also seeks to address subsisting and expired residential leases issued under the erstwhile 1960 rules.
Under the proposed rules, a district- and tehsil-wise online register of government land available for residential leasing will be maintained. Ownership of the land will remain with the government, while leases may be granted for individual residential requirements, cooperative and group housing, economically weaker sections and special categories, including ex-servicemen, war widows, martyrs, migrants and government employees.
The government has proposed a digital system covering the allotment, management, renewal and monitoring of residential land leases.
The maximum lease period has been proposed at 90 years, although shorter periods may be prescribed depending on the nature and location of the land. Renewal will not be automatic and will depend on compliance with lease conditions, payment of dues, continued residential requirements and consistency with applicable development plans or public purposes.
The draft also requires construction to be completed within a stipulated period. Land may be resumed in cases of violations or where it is not used for the purpose for which it was leased. Leased properties would also remain subject to applicable master plans, zoning regulations and other statutory provisions.
At the same time, the rules allow leaseholders to mortgage their leasehold rights to obtain loans from recognised banks and financial institutions for permitted purposes, subject to prescribed safeguards.
The proposed framework also lays down provisions for determining premium and ground rent. Market value would take into account prevailing market transactions, location, accessibility, development potential, permissible FAR/FSI and surrounding land values.
For ordinary residential leases, annual ground rent has been proposed at 2.5% of the lease premium, excluding the value of structures and improvements. Concessional or nominal rates may be prescribed for specified subsidised housing categories.
The allocation of government land may be carried out through competitive processes, including e-auction, while direct allotment would be permitted for economically weaker and low-income groups.
Leases would be registered under the Registration Act and managed through the ACR Nazool/ACR of the respective districts. Regular monitoring would be carried out to ensure compliance with lease conditions.
An empowered committee headed by the Financial Commissioner, Revenue, with representatives from the Revenue, Law, Industries and Commerce, Rural Development, Housing and Urban Development and Tourism departments, among others, has also been proposed to oversee the framework.
The proposed rules provide for appeals against orders before the J&K Special Tribunal.
