PDP Revives Roshni-Style Law to Grant Ownership Rights to Longtime Occupants
Feb,17: People’s Democratic Party Leader and Member of the Legislative Assembly (MLA) Pulwama Waheed Ur Rehman Parra, will introduce a Private Member Bill titled “The Jammu and Kashmir (Regularisation and Recognition of Property Rights of Residents in Public Land) Bill, 2025” in the upcoming session of the Legislative Assembly. The proposed legislation aims to legalise and confer property rights upon residents who have constructed and lived in houses on state-owned, common, and other lands for decades.
Recognising the need for a humane and pragmatic approach to the long-standing issue of unauthorised residential constructions, Parra’s bill seeks to provide security of tenure to thousands of families, ensuring their right to shelter as enshrined under Article 21 of the Constitution of India.
“The population of Jammu and Kashmir has significantly increased over the decades due to urbanisation, migration, and socio-economic changes. Many people have been living in residential structures on state land for years without legal ownership. This bill is a step towards recognising their rights and providing a legal framework for regularisation,” said Parra.
The bill proposes granting ownership or transfer rights to residents who have been in continuous physical possession of such land for over 20 years. It also seeks to regularise houses built on state land, Kahcharai land, common land, and Shamilat land, in accordance with the Jammu and Kashmir Agrarian Reforms Act, 1976. Furthermore, the bill proposes the registration of these properties, enabling residents to access financial services such as bank loans.
Meanwhile, the bill mandates a structured process through which eligible residents can apply for property regularisation, ensuring transparency and accountability. Special provisions will also be made for economically weaker sections, widows, and persons with disabilities.
“This is a one-time special measure to bring relief to families who have lived on these lands for generations. It will not only provide legal recognition to their homes but also allow for better urban planning and infrastructure development,” Para added.
The introduction of the bill is expected to generate significant debate in the Assembly, given the historical and legal complexities surrounding land ownership in Jammu and Kashmir. However, Para expressed confidence that the legislation would be seen as a necessary step towards social justice, economic stability, and inclusive development, Parra asserted.
Meanwhile, before this proposed bill, the Roshni Act, officially known as the J&K State Lands (Vesting of Ownership to the Occupants) Act, 2001, played a major role in granting ownership rights to people occupying state land. Para’s bill is considered to be an attempt to introduce a similar framework, ensuring that long-term occupants of state land receive legal protection. Pertinent to mention that under the Roshni Act, a total of 6,04,602 kanals (75,575 acres) of state land was regularised and transferred to occupants, including 5,71,210 kanals (71,401 acres) in Jammu and 33,392 kanals (4,174 acres) in Kashmir. Similarly, Kahcharai refers to community land traditionally used for grazing animals.
