HC seeks Centre, J&K response on restrictions on sale of Section 12 agrarian land

18/09/2026

JAMMU, Sep 17: The High Court of Jammu & Kashmir and Ladakh has sought responses from the Union Government and the J&K Government on a petition challenging restrictions on the sale and transfer of land vested under Section 12 of the J&K Agrarian Reforms Act, 1976.
A Division Bench comprising Justice Sindhu Sharma and Justice Shahzad Azeem issued notice to the respondents, returnable within four weeks, while directing the petitioners to take requisite steps for service within two weeks. The matter has been listed for November 4, 2026.
The petitioners have challenged amended Section 28-A of the J&K Agr-arian Reforms Act, substituted through the Jammu and Kashmir Reorganisation (Adaptation of State Laws) Fifth Order, 2020.
Their contention is that while the amended provision permits transfer, subject to prescribed conditions, of land vested under Section 8, a similar benefit has not been extended to persons whose ownership rights arise under Section 12. They have alleged that the distinction violates Articles 14 and 300A of the Constitution.
The petition has been filed by Ram Dass, Devi Dayal, Pawan Kumar, Babu Ram and Satya Ram, who claim ownership of 8 Kanals and 5 Marlas of land under Khasra No. 2060 Min at Bhalwal, Jammu, vested in their favour under Section 12 of the Act.
Advocate Parimoksh Seth, appearing for the petitioners, submitted that excluding Section 12 landholders from the benefit available to Section 8 landowners creates an arbitrary distinction between similarly placed landowners. The court order records that there was no appearance on behalf of the respondents at this stage.
The petitioners have sought a declaration that amended Section 28-A is unconstitutional to the extent that it excludes Section 12 landowners, or alternatively, a direction to the Centre and J&K Government to bring Section 12 ownership within the scope of the provision.
According to the petition, Section 12 permits settlement between an ex-owner and a prospective owner through a written agreement concerning payment and apportionment of land, provided the agreement is duly registered or authenticated by a Revenue Officer not below the rank of Tehsildar.
The dispute arose after the petitioners applied on December 9, 2025, for issuance of FardIntikhab for five Marlas out of the total land. Their application was rejected on March 16, 2026, with the revenue authorities recording that ownership had been transferred under Section 12 but that there were no clear directions for issuance of the Fard.
The petitioners have also relied upon an alleged Administrative Council decision of January 2023, under which the Revenue Department was authorised to move amendments to Sections 21 and 28-A to extend transfer benefits to land vested under Sections 6, 7 and 12 and bring such land at par with land vested under Section 8.
According to the petition, the proposed amendment has not yet been implemented. In an interim application, the petitioners have further sought a direction to the J&K Government to disclose the status of the proposed amendment and whether the proposal approved by the Administrative Council was forwarded to the Union Government.

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