After losing a legal battle at the High Court, the Uttarakhand government is taking a cautious approach towards its future plans over the issue of putting restrictions on buying more than 250 square meters of land even as Chief Minister B C Khanduri wants to challenge the court order in the Supreme Court.
The High Court last month had struck down provisions of the much contentious land reforms in the hill state under which there were certain restrictions on buying more than 250 sq meter of land. Realty players had initially seen the court order as a relief. However, the move has so far failed to give desired boost to the realty sector, experts said.
A division bench of the High Court comprising Chief Justice Barin Ghosh and Justice U C Dhyani had ruled that all the citizens of the country would now be able to purchase land in the state as per the provisions of the land ceiling act and termed the restrictions as unconstitutional and discriminatory in nature.
The court took cognisance of the fact that the government was giving permissions for constructing hotels, industries and resorts in the state on agriculture land but stopping the common people from buying land.
Jaswant Singh, the petitioner, had contended that the existing land laws were discriminatory as any person, who did not have any agriculture land before the first Act came into being in 2003, was not eligible to buy the desired piece of land.
In 2003, the Congress government framed a law where the government’s permission was necessary for purchase of more than 500 square meters of land. However, Chief Minister B C Khanduri in 2007 further toughened this law with a ceiling of 250 square meters only.
When contacted, top officials said though the chief minister wants to challenge the High Court order in the Supreme Court, the move is also afoot to amend the existing laws or make a new land act. “We have kept both the options open,” said the official.
On the other hand, a BJP leader said the government must not take any decision in haste and leave it to the new government which will be formed after the Assembly elections early next year.
