Post-Article 370 abrogation: Property ownership and development in J&K

By Tasawar Jalali–

(Tasawar Jalali is co-founder and CEO of Securenode & co-founder of Smashon Inc, an online health and wellness portal based in Silicon Valley. He is also the chairman of the Ibaadatkhana Foundation. The views expressed are his own)

After Article 370’s abrogation, “owning a property has ceased to be a fundamental right in Jammu and Kashmir. When a project is implemented for public benefit, law or people can’t stand in the way of development,” says J&K’s former advocate general.

Here’s a brief analysis of the statement about property ownership and its implications following the abrogation of Article 370:

Abrogation of Article 370:

The abrogation of Article 370 in August 2019 removed J&K’s special status and brought it under the full purview of the Indian Constitution. This allowed the Union Territory to align with the central government’s laws, including those related to property rights.

Property ownership in the rest of India:

In most parts of India, the right to own property is not a fundamental right but a legal right under Article 300A of the Constitution. This means the state can acquire private property for public purposes, provided it pays fair compensation under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.

Specific context in J&K:

J&K’s unique land laws previously restricted non-residents from purchasing property in the region. After the abrogation, these restrictions were removed, aligning J&K’s property laws with those of the rest of India. This has been seen as a step toward enabling development projects and investments.

Public benefit and development:

The argument that “law or people can’t stand in the way of development” reflects the state’s authority to acquire land for public purposes (e.g., infrastructure projects). However, this is true across India and is governed by existing land acquisition laws, not unique to J&K.

As the author, I neither support nor oppose the subject discussed. My intent is solely to provide an objective analysis.

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