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State of Jammu-Kashmir - Section

Section 46 in Jammu and Kashmir Wakafs Act, 2001

46. Eviction of unauthorised occupants.

(1)if, after considering the cause, if any shown by any person in pursuance of a notice under section 44 and any evidence produced by him in support of the same and after personal hearing, if any, given under clause (b) of sub-section (2) of section 44 the Chairman, Tehsil Committee is satisfied that the Wakaf premises/property is in unauthorised occupation, he shall make an order of eviction, for reason to be recorded therein, directing that the Wakaf premises shall be vacated on such date as may be specified in the order by all persons who may be in occupation thereof or any part thereof, and cause a copy of the order to be affixed on the outer door or some other conscious part of the Wakaf premises/property.
(2)If any person refuses or fails to comply with the order of eviction on or before the date specified in the said order or within 10 days of the date of order under sub-section (1), whichever is later, the Chairman, Tehsil Committee or any other officer duly authorized by him in this behalf may after the date so specified or after expiry of the periods aforesaid, whichever is later, evict that person from and take possession of the Wakaf premises/property and may, for that purpose take such police assistance and use such force as may be necessary.