SECTION 118 FAILS TO CURB LUST FOR LAND IN HP.

         [ This piece was published in the SUNDAY TRIBUNE on 31.3.2018]

Section 118 of the HP Tenancy and Land Reforms Act 1972 was intended to protect the Himachali agriculturist and prevent the diversion of scarce agricultural land. It has done neither in the last 45 years. Instead, it has spawned corruption, lowered land values, encouraged benami deals on a large scale and deprived people who have otherwise spent their entire lives in Himachal from acquiring any property in the state. Most importantly, it has devastated the natural environment to a point where the hinterland of all major towns have become virtual concrete slums. Every five years a new government promises to review it but its poltical spin-offs ensure that nothing happens.

Figures on the HP Revenue Deptt.’s web site reveal that between 2010 and August 2015 approval was given in 1676 cases; more than 50% of these were for tourism and house construction, and these categories are the real culprits. Both these categories have become a cover for rapacious real estate developers who openly indulge in benami transactions and, thanks to the lack of any building regulations outside urban areas, are disfiguring the state’s natural environment on an ever increasing scale. The govt. has proof of this, but prefers to turn a blind eye.

The Justice DP Sood Commission, set up in 2010 to examine the functioning of this Act, submitted its report in 2012 in which it made the following damning indictment: “ majority of builders are creating a concrete jungle and spoiling the natural forested environment.” Some of its other alarming findings: 95% of allottees were outsiders, benami purchase was rampant, in 80% of cases examined by him land was “bought” by locals whose own holdings were less than five bighas, non-agriculturists were purchasing agricultural land without any permissions, even land allotted to the landless by the govt. was being sold off! He recommended the confiscation of 42 illegally purchased properties. His final, disgusted recommendation was : “ Either implement Section 118 or scrap it.” Justice Sood’s report has more or less been consigned to the dustbin, as far as I know. It would be interesting to know how many of the 42 properties have actually been vested in the govt.

Section 118, in conjunction with the ubiquitous Apartments Act ( which Justice Sood had recommended should be scrapped) is playing havoc with the state’s environment and its natural resources. In the absence of any planning laws in the rural areas, trees are being cut ( remember the case of the 482 trees chopped down in Tara Devi in 2016 by a developer?), hills being excavated, roads being carved on impossible gradients, water sources being polluted, debris being dumped in valleys. There is no concern for local architecture or aesthetics- the two images attached with this article will prove my point. Both pertain to Section 118 constructions  near Mashobra- the first is a “resort” which has been under construction for the last seven years, on a site which used to be a dense, beautiful apple orchard: every single tree was chopped down to make way for these hideous “villas”. The second is a commercial housing complex, also under construction for the last five years, which has no takers- but a beautiful plot of land has been destroyed for ever.

There are hundreds of similar constructions coming up all over the state, facilitated by Section 118. A friend of mine who has spent his life in the valleys of Kullu district informs me that at least a dozen benami “resorts” are coming up in the magical Tirthan valley- one of the last remaining untouched areas in the state- all owned by people from Punjab and Delhi. No part of the state is safe from the tentacles of this lust for land in Himachal. These “investors” will make crores- at the cost of the state and its genuine inhabitants. This process of despoliation has been made easier by the govt. bringing in an amendment to the Act in 2011 which provides that Section 118 is NOT attracted in the case of built up flats and houses if the lease is upto 99 years. This has thrown open the floodgates to reckless construction all over the state.

These houses, hotels, resorts etc. do not benefit the state in any way. Most of these houses are second or third homes of the uber rich in Delhi or Chandigarh and stay locked up for most of the time. They create no employment opportunities for local youth, there is no contribution to the local economy since everything is brought in from outside. On the contrary, they create pressure on local infrastructure which was never designed to cater to these numbers- water supply, road, electricity. The local Panchayats are unable to handle issues like garbage disposal and the hills are gradually being blanketed in plastic.

While the “outsiders” make merry, even “domiciled” Himachalis ( those who have been continuously residing here for twenty years) are unable to buy land outside urban areas. Those who have bought land with permission under Section 118, on the other hand, cannot sell it without fresh approval of the govt.: this creates more avenues for corruption. The sensible thing is to have a reasonable lock-in period of 10 or 15 years and thereafter have no conditions.

The govt. needs to have a long, hard and honest look at the impact of this law on the environment, economy and infrastructure of the state before relaxing it any further under the guise of “ ease of doing business”. At the end of the day, if the law does not serve the genuine interest of the state and its residents ( but only that of some individuals) then it must be drastically amended. Quality of life has to have priority over ease of business.