Uttarakhand Bhu-Kanoon (भू कानून) refers to the land laws and regulations governing land tenure, land acquisition, land ownership, and land use. In Uttarakhand, people from outside the state were easily purchasing land for investment purposes without any limit. Uttarakhand land law was very flexible due to the abolition of the maximum limit on land purchase. Outsiders were taking advantage of the poor people of Uttarakhand and purchasing the land at a very cheap price. Due to this, the culture, food habits, dress, and lifestyle of the Pahadi people were changing and slowly disappearing. The land law actually sets limits on the purchase of land by outsiders, so the culture of Uttarakhand will remain the same and the people will not become landless in their own state. So the CM of Uttarakhand implemented the Bhu Kanoon to prevent unnecessary construction in Uttarakhand.
What are the Himachal Pradesh Land Laws, and why are people demanding the same Land Laws in Uttarakhand?
In 1972, the people of Himachal Pradesh were not in a good financial situation, and there was concern that they would sell their land to people from other states. The people will become landless, and their culture will become extinct. Due to this, the Land Reform Act of 1972 was passed, which prohibits outsiders from purchasing agricultural land there but allows them to rent land for business purposes. The law also made it possible for someone from outside the state to purchase land in Himachal after living there for 15 years. But after opposition to this restriction, it was later raised to 30 years. Therefore, the people of Uttarakhand wanted to implement the same land laws to prevent outsiders from buying large tracts of property for their investment purposes. The outsiders were coming and using their black money to buy unnecessary larger properties in the state, so to prevent this problem, the people of Uttarkhand were strictly asking to implement the Bhu Kanoon in the state.
Who can Buy Land in Uttarakhand?
It was announced by the state's chief minister, Pushkar Singh Dhami, that the land laws would be highly tightened. In this regard, rules are being created, and whoever complies with these requirements will be eligible to purchase the land. The CM said, "We cannot allow a person with foul intentions to purchase land in Uttarakhand". Before the purchase of land, the background of the prospective buyer and the reason for purchasing land in Uttarakhand will be examined.
The following was the report of the committee's primary focal points:
- It has been suggested that, to resume the settlement process, the government make a decision about any building or land purchase for religious purposes on the District Magistrate's report.
- The committee has proposed that harsh penalties be provided to those who create illegal construction on religious sites, rivers, drains, forests, pastures, or other public property, as well as taking action against the officials of the relevant departments.
- Currently, two years have been designated as the allotted time after purchasing the land for its proper usage. It may be raised at the state's sole decision. The committee has suggested changing this to extend it by one year, with a three-year maximum under special circumstances.
- Other than major businesses, only four- or five-star hotels, resorts, hospitals, and institutions should be permitted to purchase land; agreements will be made to give land on lease for other purposes.
- In the areas around sidewalls and industrial units, abandoned industrial plots and land from shuttered companies should be allotted for industrial use.
Land Ownership Regulations in Uttarakhand: From Size Limits to Open Market
- On November 9, 2000, Uttarakhand state was established, and in 2002, a rule was created stating that people from other states may only purchase land in Uttarakhand that is up to 500 square meters in size.
- In 2007, the limit was lowered from 500 square meters to 250 square meters. Accordingly, a resident of any state was only permitted to purchase a maximum of 250 square meters of agricultural land in Uttarakhand.
- On October 6th, 2018, The "Uttar Pradesh Zamindari Abolition and Land Reforms Act of 1950 was amended in accordance with a new ordinance released by the Uttarakhand government. This was amended to add sections 143 (a) and 154 (2), which removed the limit on the size of land that could be purchased.
- On 20 Feb 2025, State Cabinet pass new Bhu Kanoon Act, which abolish 12.50 acre land buying provision. Also outsiders can buy only 250 sq mtr of land in non-nigam areas for house construction.
- On 21 Feb 2025, State Legislative Assembly passes the Bhu Kanoon Law.
Latest Updates in BHU Kanoon in Uttarakhand
- State Legislative Assembly passes the Bhu Kanoon Law on 21 Feb 2025.
- In Feb 2025, Cabinet passes the act of New Bhu-Kanoon.
- In Sept 2024, Chief Minister Pushkar Singh Dhami announces to propose strong Bhu Kanoon in next budget session.
- In July 2021 After becoming the Chief Minister Pushkar Singh Dhami formed a high-level group to research land laws in Uttarakhand.
- Ajendra Ajay, head of the Badrinath-Kedarnath temple committee, retired IAS officers Arun Dhoundiyal and DS Garbyal, as well as ex-officio member Dipendra Kumar Chaudhary, the committee's secretary, who recently handled the department's financial affairs. These are the members of the Land Law Committee.
- The committee made an 80-page report and requested information from each District Magistrate regarding the nature of the approvals granted for the purchase of land in the state thus far and tested them.
- In the report of 80 pages, 23 suggestions related to the land law are provided to the government. The committee has included such points in its recommendations, which will increase investment for development in the state and increase employment opportunities. Along with this, it has also been recommended to stop the unnecessary misuse of land.
- This committee submitted its report to the government in September of last year. The committee has also recommended amending the existing land law and making the rules stricter.
- Rules are being prepared for this. According to the rules, permission will be given to buy the land after testing it.
What's in new Uttarakhand Bhu Kanoon?
- Except for Haridwar and Udham Singh Nagar, individuals from outside the state will not be able to purchase land for agriculture and horticulture in the remaining 11 districts.
- Apart from municipal areas, individuals from other states will be allowed to buy up to 250 square meters of land once in their lifetime for residential purposes. For this, they will now be required to submit a mandatory affidavit.
- The rules for purchasing land for industrial purposes will remain unchanged.
- In Haridwar and Udham Singh Nagar, permission to buy agricultural and horticultural land will not be granted at the district magistrate level. Instead, approval will be required from the state government.
- The 12.5-acre land ceiling has been removed in 11 districts. However, in Haridwar and Udham Singh Nagar, before purchasing 12.5 acres of land, the concerned department must issue a requirement certificate for the intended purpose. Only then will approval be granted at the government level.
- The buyer will have to submit an affidavit to the registrar stating that the purchased land will not be used for any purpose other than the specified one. In case of violation of land laws, the land will be vested in the government.
- The land purchase process will be monitored through an online portal. All district magistrates will regularly send reports related to land purchases to the Revenue Council and the state government.
- Within municipal limits, land use will be permitted only as per the designated land-use regulations.
Why Uttarakhand need a "Bhu Kanoon"?
The main objectives of "Bhu Kanoon" (land laws) in Uttarakhand are (भू-कानून क्यों जरुरी है) :
Preserving Cultural Heritage: Ensure that the cultural identity, traditions, food habits, dress, and lifestyle of the Pahadi people of Uttarakhand are safeguarded and preserved. Prevent rapid cultural changes and the erosion of traditional values due to unrestricted land purchases by outsiders.
Enhance Employment Opportunities: Increase employment opportunities for the people of Uttarakhand by encouraging locally-owned and operated businesses. Ensure that the ownership of institutions aligns with the state's population, thereby generating more jobs for residents.
Conservation of Natural Resources: Prevent unchecked land acquisition by outsiders to conserve natural resources, forests, and wildlife habitats in Uttarakhand. Enable residents to have a say in the development and land use policies of their own state.
Guarding Uttarakhand's Land: Preventing the Concentration of Land Ownership in the Hands of Non-Residents Bhu Kanoon ensures that the people of Uttarakhand do not become landless in the future in their own state.
