Srinagar, January 27 (KMS): Communist Party of India-M leader and People’s Alliance for Gupkar Declaration (PAGD) spokesman Muhammad Yousuf Tarigami has challenged the new land laws implemented by fascist Modi regime in Jammu and Kashmir before the Indian Supreme Court.
According to Kashmir Media Service, in the petition, Tarigami’s counsel submitted that the Presidential Order CO 272 dated 05.08.2019, Declaration CO 273 dated 06.08.2019 and Jammu & Kashmir Reorganization Act, 2019 passed by the Indian Parliament on 05.08.2019 are unconstitutional and in violation of the petitioner’s fundamental rights under Article 14 and 21 of the Constitution of India.
He pointed out that before abrogation of Article-370, land rights in Jammu & Kashmir were protected and guaranteed under the special constitutional provisions. However, the government undertook several changes in the land laws. Now agriculture land can be used for non-agriculture purposes and private land can be used for industrial purposes. The fresh amendment in the J&K Land Revenue Act 1939 (Samvat 1996) was made recently by the local administration.
The petition argued that broader matters relating to revenue etc were well within the powers of the state till Presidential Orders dated 05.08.2019 and the passing of the Jammu and Kashmir (Reorganization of State) Act, 2019,” the petition reads.
The petition further submitted that orders issued in pursuance to the powers accorded to the Indian government under Section 96 of the Jammu and Kashmir Reorganization Act, 2019 as the said statute itself is unconstitutional, void, unsustainable and therefore liable to be struck down.
It added, “Owing to the special historical circumstances, Jammu and Kashmir had several constitutional provisions to safeguard the distinctive rights and identity of the region’s permanent and local residents.” KMS—7K