Section 9 in Jammu and Kashmir State Lands (Vesting of Ownership to the Occupants) Act, 2001
9. Power to evict
-[(1) The] [Existing section renumbered as sub-section (1) by Act No. XVI of 2004, section 10.] [Assistant Commissioner (Revenue/Nazool)] [Substituted ibid.] for the purpose of eviction under [sub-section (5)] [Clause (a) substituted by Act No. XVI of 2004, section 6.] of section 8 shall be the Estates Officer within his jurisdiction and he shall have all the powers of Estate Officer for the said purpose as are exercised by an Estates Officer appointed under the Jammu and Kashmir Public Premises (Eviction of Unauthorized Occupants) Act, 1988.(2)[ Notwithstanding anything contained in sub-section (1) the concerned Assistant Commissioner (Revenue/Nazool) shall give only five days notice,for eviction to the occupant and shall complete eviction proceedings under this Act within fifteen days.(3)On the eviction of such an occupant from the land in question, the District Collector shall cause such land to be put to auction.] [Sub-sections (2) and (3) inserted by Act No. XVI of 2004, section 10.][10. Creation of Fund-Finance Department shall create a separate Fund under a proper account number in the Jammu and Kashmir Bank in each District or allot an account head in which cost of the land realized under this Act shall be deposited.] [Section 10 substituted by Act III of 2007, section 10, w.e.f. 20-11-2006.][11.-Omitted] [Section 11 omitted by Act XVI of 2004, section 11.].[12. Determination of price-[(1) The application for vesting of freehold rights on the State land shall be determined by such Committee as may be prescribed:Provided that different Committees may be prescribed for different areas.] [Section 12 substituted ibid, section 12.](2)The Committee shall, for determination of the price for the land in any area, take the following factors into consideration, namely:(a)potential value of the land;(b)nearness to the road or urban areas;(c)irrigation and transport facilities available; and(d)[ the market value of land determined for purpose of stamp duty under the Stamps Act, Samvat 1977 and the rules made thereunder.] [Clause (d) substituted by Act Ill of 2007, section 11, w.e.f. 20-11-2006.](3)The Committee shall give the reasons for determining the rate in a particular area ,or locality:[xxx] [Proviso to sub-section (3) omitted ibid.].(4)[ Notwithstanding anything contained in any other provision of this Act, an, occupant other than an authorized occupant, authorized over-stayed occupant or unauthorized expectant occupant, shall be entitled to vesting of freehold rights on the State land up to 10 kanals, on payment of price determined by the Committee in the prescribed manner:Provided that the ceiling of 10 kanals shall not apply in respect of(a)Agriculture land; and(b)land under institutional use subject to such ceiling as may be prescribed].
