The role of Development Act
While the removal of Article 370 opened doors for outsiders, including NRIs, to buy land in J&K, the Development Act acts as a filter. It ensures that only those who contribute to development projects—whether by purchasing property through Development Authorities or investing in industrial/educational ventures—are able to hold land. This means that NRI investment in Jammu & Kashmir is possible, but only within a planned, government-regulated framework.
After the abrogation of Article 370 in 2019, Jammu & Kashmir laws were amended to allow Indian citizens, including NRIs with Indian passports, to buy land in the Union Territory. However, the situation is not as simple as “open purchase.” The J&K Development Act, 1970, as amended in 2020, places important conditions that control how land is actually transferred to non-state subjects, including NRIs.
What the Development Act Says:- The Jammu & Kashmir Development Act, 1970 empowers the Government to:
Create Development Authorities (like Jammu Development Authority, Srinagar Development Authority)., Prepare Master Plans for land use.
Allot land for housing, commercial, industrial, and institutional projects., Protect agricultural land from being freely transferred.
Key Point: Land purchase by outsiders, including NRIs, is not open in the free market. It must happen through Development Authorities or for notified projects that contribute to the development of J&K.
NRI Land Purchase Linked with Development Projects
NRIs with Indian passports can buy residential and commercial property, but in practice, the purchase happens only through Development Authorities like JDA or SDA. These authorities allot land or flats in housing colonies, commercial complexes, and industrial estates. The logic is that only those who invest or contribute to development projects are permitted to hold land. Direct purchase of agricultural or village land from local farmers is still restricted unless converted for non-agricultural use and approved by the government.
Why This Restriction?
To protect local agricultural land and prevent speculative buying. To ensure that outsiders, including NRIs, are channelled into planned development projects that benefit J&K. To balance economic investment with social protection for residents.
What This Means for NRIs
An NRI with an Indian passport can buy property in J&K, but usually only through Development Authorities’ projects (like allotted plots, flats, or commercial units). An NRI cannot freely buy agricultural land or small plots directly from villagers. Investment is encouraged in housing colonies, commercial complexes, and industrial ventures, as these fall under “development.”
Keywords
NRI land purchase in Jammu Kashmir Development Act
Can NRIs buy land in J&K after Article 370
Development Authority land rules in Jammu Kashmir
NRI investment in Jammu Kashmir property
Agricultural land purchase rules J&K
This article cover the question whether non resident of India and OCI are able to purchase land in Jammu kashmir the simple answer is explained in this article in a simple way stay connected with the tacit legal . further you can read here important judgements and legal principles laid down by Hon’ble supreme court of India, this article is posted by Advocate Shivaji Rathore (J&K high court jammu) for more important legal topics stay connected with us, on tacit legal we post on YouTube channel also named as Tacit Legal helpful for Law students newely enrolled Advocate in India and other states, Follow us on Instagram also, Read our articles on important Questions of Law. #tacitlegal visit my website Tacit Legal dot in search on google, this website is made from Hostinger and wordpress follow our latest updates for legal news follow us on YouTube also for young lawyers law students helpful for Advocates, this blog is written by Advocate Shivaji Rathore practicing in Jammu and Kashmir high court and district court at Jammu. The website Tacit Legal is available on Google created with Hostinger and wordpress keep in touch and read our daily articles and reporting for law students and advocates as we provide you important legal information on Tacit Legal.in
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