Section 6 in The Jammu and Kashmir Common Lands (Regulation) Act, 1956
6. Assignment of land for village abadi.
(1)Where in any village, no land is recorded for extension of the village abadi, or if the land so reserved is inadequate, a Collector may, notwithstanding anything contained in any law for the time being in force, by an order in writing, assign in the manner prescribed other land for such purpose from either of the following categories of land, namely:-(a)land owned by the State in the village :Provided it is not required for any State purpose ;(b)waste land in the village Shamilat ;(c)waste land in any proprietary holding in the village ; and(d)cultivated land in the village :Provided that unless land included in any preceding category be not available or be not suitable, no land from the next category shall be assigned.(2)The land assigned under sub-section (1) shall, subject to the other provisions of this Act, be apportioned for building purposes amongst the inhabitants of the village in such manner as may be prescribed.(3)Where the land is assigned out of the land owned by the State, the inhabitants of the village in whose favour it is apportioned shall, subject to the payment of a premium equal to ten times the letting value of such land, be granted the right of ownership in such land :[Provided that no premium shall be charged from a person belonging to a weaker section of the society who is not in a position to pay it :] [Proviso inserted by Act XIV of 1981, Section 2.](4)(i)Where the land is assigned out of the land held in ownership right, all rights, title and interest (including the contingent interests, if any, recognised by any law, custom or usage for the time being in force) of the land-owner shall, notwithstanding anything to the contrary contained in any law, custom or usage for the time being in force, except as otherwise provided in this Act, be extinguished and such rights, title and interest shall be vested in the inhabitants of the village in whose favour it is apportioned, free from all encumbrances :[Provided that where the land held in ownership right is apportioned to a person belonging to a weaker section of the society who is not in a position to pay the compensation, the compensation payable to the owner for such land shall be paid by the Government and any reference in sections, 7 and 9 to an inhabitant of the village, so far as it relates to payment of compensation, shall in relation to cases covered by this proviso, be construed as a reference to the Government.Explanation. - For the purposes of this section person belonging to a weaker section of the society means the person who does not own either in his own name or in the name of any of dependent family member any site of building or built up house in the village.] [Proviso and the explanation added by Act XIV of 1981, Section 2.](ii)The inhabitants of the village in whose favour such land is apportioned shall be liable to pay and the land-owner concerned shall be entitled to receive and be paid such compensation as may be determined under this Act.
