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Uttarakhand High Court holds ban on buying land by outsiders as unconstitutional

Jagdish Bhatt
Hill Post, September 23, 2011

Dehra Dun : In what could have long term ramifications for the people of the state, a division bench of the Uttarakhand High Court comprising Chief Justice Barin Ghosh and Justice U C Dhyani today held as unconstitutional the ban imposed by the Uttarakhand government on outsiders purchasing agricultural land measuring more than 250 sq metres in a public interest litigation filed by Sarvesh Kumar and Manoj Kumar, both residents of Kashipur.

Following the judgment any person, who is a citizen of India will be able to purchase 12.5 acres of agricultural land, as permissible under the Land Ceiling Act, as the bench felt that what was wrong if a person from outside the state wants to carry out agricultural activities.

Incidentally, the adjoining hill state of Himachal Pradesh, under section 118 of the Land Tenancy Act, even prohibits Himachalis not possessing agricultural, from buying land in the state. [more]