Section 9 in Jammu and Kashmir Underground Public Utilities (Acquisition of Rights of User in Land) Act, 2014
9. Restrictions regarding the use of land.
(1)The owner or occupier of the land with respect to which a declaration has been made under sub-section (1) of section 5, shall be entitled to use the land for the purpose for which such land was put to use immediately before the date of the notification under sub-section (1) of section 3 :Provided that such owner or occupier shall not, after the declaration under sub-section (1) of section 5-(i)construct any building or any other permanent structure;(ii)construct or excavate any tank, well, reservoir or dam ; or(iii)plant any tree on that land.(2)The owner or occupier of the land under which any gas pipeline or other utility has been laid shall not do any act or permit any act to be done which will or is likely to cause any damage in any manner whatsoever, to the pipelines.(3)Where the owner or occupier of the land with respect to which a declaration has been made under sub-section (1) of section 5.-(a)constructs any building or any other permanent structure; or(b)constructs or excavates any well, tank, reservoirs or dam ; or(c)plants any tree,on that land after issuance of such a declaration the Court within the local limits of whose jurisdiction such land is situate, may, on an application made to it by the competent authority and after holding such inqury as it may deem fit, cause the building, permanent structure, reservoir, or tree to be removed or the well, dam or tank to be filled up, and the cost(s) of such removal or filling up shall be recoverable from such owner or occupier in the same manner as if the order for the recovery of such cost were a decree made by the Court.
