Land Reforms and the Evolution of Section 118 of the Himachal Pradesh Tenancy and Land Reforms Act: A Critical Analysis

Abstract

Himachal Pradesh, established on 15 April 1948, by merging 30 princely states, holds Special Category State status due to its hilly terrain, low population density and financial challenges. Renowned for its scenic beauty, the state has become a sought-after destination for land purchases. However, this demand led to exploitation, with outsiders persuading local farmers to sell land at undervalued prices, leaving many landless.

To protect local interests, the Himachal Pradesh Tenancy and Land Reforms Act, 1972, particularly Section 118, prohibits non-agriculturists from acquiring agricultural land in the state. While effective in safeguarding local farmers, the provision has faced criticism for being overly restrictive, allegedly hindering fundamental rights, business opportunities and development. Its inclusion in the Ninth Schedule further shields it from judicial scrutiny, fuelling debate. This article examines the Act’s implications, challenges to economic activity and procedural hurdles, offering a balanced perspective on its necessity and limitations.