In January 2022, the Jammu and Kashmir government introduced a landmark regulation: the Agricultural Land (Conversion for Non-Agricultural Purposes) Regulation, 2022. Heralded as a long-awaited step toward clarity, transparency, and economic modernisation, it was designed to ensure that agricultural land could not be diverted into non-agricultural use without oversight, fees, and a structured process. For decades, conversions had happened in half-light, quietly, locally, and often informally. Now, at least on paper, there was order.
But in villages like Kurigam of Tehsil Qazigund, the law’s black letters confront grey realities. A local landholder, with two kanals of abi awal land (prime irrigated farmland), presents a case that tests the very heart of the regulation. He has filled the entire plot with earth, effectively raising its level and, some might argue, altering its agricultural character. Yet he applied for and obtained a Change of Land Use (CLU) certificate for only one kanal. Having secured that, he has now applied for CLU for the remaining one kanal.
The question arises:
- Does filling both kanals with earth amount to conversion of the whole parcel, regardless of the certificate?
- Or does “conversion” in law occur only when land is utilized for non-agricultural purposes under an approved CLU?
- And crucially: Can he now get CLU for the second kanal as per the 2022 Regulation?
The answers are not merely about one man or one village. They reveal how the 2022 Regulation is interpreted, contested, and applied—and how much remains unclear in the governance of land in Jammu & Kashmi
The Case of Kurigam: Two Kanals, One Certificate, One Dilemma
Kurigam, a village situated just outside Qazigund, the “Gateway of Kashmir”, is typical of many southern Kashmir hamlets. Fields of abi awal land line the highway, prized for their fertility. But their location also makes them prime candidates for non-agricultural transformation, residential colonies, petrol pumps, shops, or small commercial complexes.
Our subject, a villager whose land is officially recorded in revenue records as two kanals of abi awal, decided to alter its condition. Instead of cultivating, he filled the entire two kanals with earth, flattening and leveling it. To the eye, it looks like an open plot ready for construction.
Legally, however, the records still call it abi awal—and so the land requires CLU permission under the 2022 Regulation to be used for anything non-agricultural. He approached the District Collector for CLU for one kanal, which was granted. The remaining kanal, though physically altered in the same way, remained agriculturally classified. Now, with one certificate in hand, he has applied for CLU for the second kanal.
The Collector’s office must decide:
- Is the second kanal eligible?
- Does the earlier filling of the land disqualify him?
- Or is each kanal treated separately, with the law requiring independent applications?
This small case, though seemingly personal, holds lessons for hundreds of similar situations across the valley.
The 2022 Regulation: What the Law Says
The Agricultural Land (Conversion for Non-Agricultural Purposes) Regulation, 2022, brought under Section 133-A of the Land Revenue Act, sets out a structured process.
Key provisions include:
- Application & Form – The landholder must apply online in Form-I, attaching revenue records (Jamabandi, Girdawari, Khasra) and site details.
- District Collector’s Authority – The Collector may permit conversion up to 12.5 standard acres, after due scrutiny and recommendations from the District Level Committee (DLC).
- Conversion Fee – A fee of 5% of market value (as per Stamps Act) must be paid.
- Timelines – The application must be decided within 30 days; utilization must begin within one year of permission, extendable up to two years.
- 400 sq. m. Clause – For residential purposes, land exceeding 400 sq. m. (about 16 marlas or 1 kanal) requires CLU.
- Utilization Clause – Permission lapses if land is not utilized for the specified purpose within the period granted.
The regulation is explicit about fees, authority, and timelines. Yet it is silent on one key point:
Does mere physical alteration (like earth filling) constitute “conversion” in itself?
- This silence is where the Kurigam case lives
- Conversion vs. Utilization: The Core Legal Question
- The Kurigam villager’s case forces us to confront a subtle but critical distinction:
Conversion by act – If filling land with earth, raising it, or changing its surface is treated as “conversion,” then the entire two kanals have already been converted illegally, since only one kanal was covered by CLU.
Conversion by utilization – If conversion occurs only when land is actually used for non-agricultural purposes (building, industry, commercial activity), then the second kanal remains agricultural in law until it is formally permitted.
In Indian land laws elsewhere, courts have often leaned toward utilization as the decisive factor. The act of filling or leveling is preparatory, not determinative. Yet, the 2022 J&K Regulation leaves room for interpretation.
Revenue officers privately admit the ambiguity. Some argue that physical alteration shows intent to convert and should not be tolerated without prior CLU. Others maintain that until the land use changes on record, the act is not conversion.
Can the Villager Get CLU for the Second Kanal?
The Case For Approval:
- Separate Application Permitted – The Regulation allows applications parcel by parcel, survey number by survey number. Nothing prevents a second application.
- Fee & Market Value Clause – If the applicant pays the required 5% fee again, the government suffers no revenue loss.
- Utilization Not Yet Done – If no construction has started, only leveling has been done, the Collector may consider that the second kanal is still eligible.
The Case Against Approval:
- Illegal Prior Conversion – Filling both kanals at once may be interpreted as an illegal act of conversion without prior approval.
- Good Faith of Applicant – Law requires applications in good faith. By altering the whole land and applying piecemeal, the applicant might be seen as circumventing scrutiny.
- Public Policy Argument – Allowing such cases may encourage wholesale alteration of farmland, defeating the Regulation’s spirit.
Expert Opinions
To test the arguments, we asked legal and administrative experts how they would read the Kurigam case.
A retired revenue officer: “Conversion is not in the filling; it is in the use. If he hasn’t built anything yet, the second kanal remains agricultural until formally converted.”
Policy Implications Beyond Kurigam
- What happens in Kurigam is not confined to one man’s two kanals. Across Kashmir, agricultural land is under pressure:
- Urban expansion in Srinagar, Anantnag, and Sopore is swallowing fertile land.
- Highway-side development is accelerating, with petrol pumps, marriage halls, and shopping complexes replacing rice fields.
- Speculation has risen after abrogation of Article 370, with land seen as a secure investment.
The 2022 Regulation was meant to regulate this shift, not stop it. But its credibility depends on whether it is applied consistently and fairly. If loopholes are seen—like allowing filling first and applying later—it risks becoming toothless.
A Deeper Legal Lens: Lessons from Other States
Other Indian states offer lessons:
- Punjab & Haryana – Conversion is deemed to occur only upon construction, not upon filling. Yet penalties are imposed if leveling is done without prior approval.
- Maharashtra – Courts have ruled that intent plus alteration may amount to illegal conversion, especially when agriculture is no longer possible.
- Karnataka – Strict CLU regime treats leveling as a violation, requiring compounding fees before further permissions.
J&K has not yet clarified where it stands on this spectrum
What the Collector Must Consider
- When the Kurigam villager’s second application comes before the Collector, the decision will not be mechanical. It will require weighing:
- Letter of the Regulation – Does the law explicitly forbid piecemeal applications after alteration? (Answer: No).
- Spirit of the Regulation – Was the landholder trying to evade scrutiny by applying in two steps?
- Equity & Consistency – If denied, is the applicant being unfairly penalized for an act that others are allowed?
- Revenue Consideration – The state gains fee revenue from each kanal converted. Denial may not yield benefit.
- Policy Signal – The precedent set will ripple across districts
The Bigger Question: Regulation vs. Reality
The Kurigam case highlights a larger theme: the tension between agricultural protection and economic growth.
On one side, officials argue that Kashmir’s fertile land must be protected. With food security already fragile, every kanal of abi awal lost is a blow. On the other side, landholders point out that agriculture is no longer viable, youth seek urban lifestyles, and the economy demands infrastructure.
The 2022 Regulation walks a tightrope between these realities. But its effectiveness depends on clear interpretation. Without clarity, every case becomes a negotiation—an opportunity for discretion, delay, or even corruption.
Conclusion: Filling, Utilization, and the Future of Land
So, can the Kurigam villager obtain CLU for his second kanal? Legally, the answer is: Yes, but contested.MThe Regulation does not bar sequential applications. If no construction has occurred yet, the land is arguably still agricultural in law. Yet the act of filling both kanals before permission muddies the waters, raising issues of intent and good faith.BMore importantly, this case exposes the unresolved ambiguity in J&K’s land laws: Is conversion a matter of physical alteration, or is it a matter of actual utilization?
Until the government issues clarifications—or until courts settle the question—the Kurigam case will echo in tehsil offices across the Union Territory.
For readers, the takeaway is clear: the story of two kanals in Kurigam is not just about one man’s land. It is about how a new law meets old practices, how governance struggles to adapt, and how the future of Kashmir’s farmland hangs in the balance.
