Section 16 in Jammu and Kashmir Underground Public Utilities (Acquisition of Rights of User in Land) Rules, 2015
16. Price how to be fixed.
(1)The competent authority shall pay special attention to the directions given in sections 23 and 24 of the Land Acquisition Act, Samvat 1990 and other relevant provisions of the said Act, for fixing the price for land or determining the amount of compensation. The competent authority may consider the prices paid for land, if any, recently acquired under the said Act in the same neighborhood, or prices paid in private transactions and recorded in registered deeds or judicial proceedings or the letting value of the land, and the stamp duty rates, if any.(2)In regard to structures including houses, buildings etc. the concerned Superintending Engineer of the Public Works Department shall be consulted, for assessment of the value of such structure in terrains of the relevant rules governing the same.(3)Compensation for trees that are fruit or non-fruit bearing, should be assessed by the Horticulture or Forest Departments, as the case may be, according to the rules made in this behalf from time to time for the purpose. The competent authority shall refer the case to the respective Horticulture Developmental Officer or the Divisional Forest Officer for assessing the value of trees, who should not later than 15 days of receipt of requisition from the competent authority, provide assessment report back to the competent authority. In case of failure on part of the respective departments, the competent authority shall report to the concerned District Collector for initiating disciplinary action against the delinquent officer (s). For trees that are not fruit bearing the average local market value of timber or fuel will be allowed after deducting cutting and carriage charges. The owner may cut and remove those within a reasonable time in which case no price will be paid.
