5 States where outsiders find it difficult to buy Land

The Central government has made it possible for people outside Jammu and Kashmir to buy land in the State, which was not allowed earlier. Previously, the Jammu and Kashmir Alienation of Land Act prohibited the transfer of land to anyone who was not a subject of the State. Now, this Act has been made invalid through the Union Territory of Jammu and Kashmir Reorganisation (Adaptation of State Laws) Fifth Order, 2020, which means that outsiders are no longer prohibited from buying land in the State.

1. Himachal Pradesh

Section 118 of the Himachal Pradesh Tenancy and Land Reforms Act prohibits the transfer of land to a non-agriculturist through sale, will, exchange etc. ‘Land’ here refers to land which is occupied or let for agricultural purposes, pasture, orchards etc. It does not refer to land which is occupied as the site of any buildings in a town/village.

2. Jharkhand

As per Section 46 of the Chota Nagpur Tenancy Act, a ‘Raiyat’ is restricted from transferring land in his/her holding. This includes transfer by mortgage or lease for a period exceeding 5 years. A Raiyat is a person who has acquired a right to hold land for the purpose of cultivating it, and includes the successor of the Raiyat.

3. Nagaland

Article 371A of our Constitution prevents non-residents from buying land in Nagaland. Land can only be bought by tribals who are residents of the state.

4. Sikkim

Article 371F of our Constitution bans the sale and purchase of land in Sikkim to outsiders. Only Sikkimese residents are permitted to buy land in the State, and only tribals can buy land and property in the tribal areas.

5. Uttarakhand

In 2003, the Uttarakhand State government enacted an Act whereby outsiders can buy only 250 sq metres of agricultural land for residential purposes.