Section 10A in The Jammu and Kashmir State Evacuees' (Administration of Property) Act, 2006
10A. [ Revision of Rent. - (1) If at any time the Government is of the opinion that it is necessary to revise the rates of rent of evacuee property so as to make the rent reasonable, it may by rules provide guide-lines and specific norms in that behalf, and the Custodian shall thereupon revise the rent of the evacuee property generally or specifically, as he deems fit, after providing to the occupant an opportunity of being heard.
(2)Without prejudice to the generality of the foregoing provision the rent of any evacuee property shall be assessed and fixed in each case on the basis of capital cost prevalent in the year of construction of such property in accordance with the rent norms of the Public works Department so far as may be practicable :Provided that in the case of any evacuee property constructed on or before 15th of August, 1947, the rent-shall be fixed in accordance with the rent norms of the Public Works Department in the said year, so far as may be practicable.Explanation. - For purposes of assessment of rent sub-section (2) the capital cost shall be the cost of constructing evacuee property and any capital expenditure incurred after such construction which have added to or add to accommodation and involve replacement of the existing type of work for one of a more expensive character.(3)Where a vacant evacuee land is allotted to a person, ground rent shall be payable annually for such land at such rates as may be prescribed :Provided that where structure has been raised on or after 1st day of January, 1948, or is raised in future on such land a premium shall also be payable at such rate as may be prescribed.Explanation. - Different rates of ground rent and of premium may be prescribed for the propose for different use of land e.g. residential, commercial or industrial.(4)Any rent fixed by the Custodian under this section shall be payable by the person occupying such property notwithstanding anything contrary contained in any lease, agreement or any other arrangement relating thereto, as of the rent so revised was fixed in such lease, agreement or other arrangement, as the case may be, with effect from the date of such revision.(5)If any person occupying any evacuee property refuses or fails to payment at the rate fixed under this section, the Custodian shall in the manner provided in section 7 evict that person from such property and take possession thereof.(6)Notwithstanding anything contained in this Act,-(a)an appeal against the order of the Custodian under subsection (1), shall lie to the Custodian General within a period of 30 days from the date of issue of such order;(b)the Minister incharge of the Evacuee property Department may, at any time, either on his motion or on application made to him in this behalf, call for the record of any case in which the Custodian or Custodian General has passed an order and may pass such order as he thinks fit.(7)No court shall have jurisdiction to entertain any suit, proceeding or application or grant stay or injunction in respect of anything done or proposed to be done under this section.] [Inserted by Act III of 1977, section 2.]
