The Jammu and Kashmir Government has proposed new rules governing 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 provide a regulatory framework for granting government land for residential purposes under the J&K Land Grants Act, 1960. They also seek to address subsisting and expired residential leases executed under the erstwhile 1960 rules.
Under the draft 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 needs, cooperative and group housing, economically weaker sections and special categories including ex-servicemen, war widows, martyrs, migrants and employees.
The rules provide for a transparent digital system for allotment, management, renewal and monitoring of residential government land leases.
The maximum lease period has been proposed at 90 years, while shorter periods may be prescribed depending on the nature and location of the land. Renewal will not be automatic and will be considered based on compliance with lease conditions, payment of dues, continued residential requirement and applicable development plans or public purposes.
The proposed framework also provides for construction within a stipulated period and resumption of land in cases of violations or non-utilisation for the purpose for which it was leased.
The rules allow mortgage of leasehold rights to secure loans from recognised banks and financial institutions for permitted purposes, subject to prescribed safeguards.
Premium and ground rent provisions have also been outlined. Market value would take into account factors including 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 percent of the lease premium, excluding the value of structures and improvements.
The rules provide for competitive allocation through e-auction, while allowing direct allotment for economically weaker and low-income groups.
Leased properties would be subject to regular monitoring to ensure compliance with the prescribed conditions. The leases would be managed through the ACR Nazool/ACR of the respective districts and registered under the Registration Act.
An empowered committee headed by the Financial Commissioner, Revenue, with representatives from relevant departments, has also been proposed to oversee the lease framework.
The draft rules further provide for appeals against orders before the J&K Special Tribunal.
