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How transfers to non-residents are restricted by a recent modification to Uttarakhand's land law

It reinstates a cap on land purchases for industry or tourism and forbids non-residents from buying agricultural land in 11 of the 13 districts

Deeksha Upadhyay 04 March 2025 13:46

How transfers to non-residents are restricted by a recent modification to Uttarakhand's land law

On February 21, the Uttarakhand Legislative Assembly approved the Uttarakhand (Uttar Pradesh Zamindari Abolition And Land Reforms Act, 1950) Amendment Bill, 2025, which would prohibit non-residents from buying agricultural and horticultural land in 11 of the state's 13 districts.

The amendment addresses land transactions conducted outside the municipal bounds, however it excludes the districts of Haridwar and Udham Singh Nagar. The 11 districts' combined land space for commercial, tourism, and educational facilities would be restricted to 12.5 acres, which is another noteworthy development. In the other two districts, one might obtain permission to purchase more land.

Which regulations apply when non-residents buy land in Uttarakhand?
The Uttar Pradesh Zamindari Abolition And Land Reforms Act, 1950, has been amended several times since Uttarakhand broke apart from the state of Uttar Pradesh in 2000. The first-ever restriction on foreigners purchasing land in the hilly areas of Uttarakhand was put in place in 2003 by then-chief minister N D Tiwari during the Congress administration. This was allegedly done to protect the villagers' interests.

However, the main Act's 12.5-acre cap on land purchases for industry, tourism, education, and other uses was lifted in 2017 by BJP chief minister Trivendra Rawat. Rawat asserts that this would stimulate economic growth and investment.

The amendment removes a provision that allowed the transfer of more than 12.5 acres of land to anyone for a range of purposes, such as industry, agriculture, and tourism.

This Bill abolishes a Trivendra Rawat amendment that allowed District Magistrates to approve company land purchases and reinstates the main Act's 12.5-acre cap. There are provisions in Haridwar and Udham Singh Nagar for the transfer of land beyond this threshold, including for horticultural purposes. After reviewing the proposal and providing information on the investment amount, employment creation, and plant and machinery, the relevant government agency must issue a land essential certificate.

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