Section 4 in The Jammu and Kashmir Big Landed Estates Abolition Act, 2007 (1950 A. D.)
4. Extinction of the right of ownership in certain lands.
(1)Notwithstanding anything contained in any law for the time being in force, the right of ownership held by a proprietor in land other than land mentioned in sub-section (2) [as according to the village records] [Inserted by Act No. XXI of 2009.] shall, subject to the other provisions of this Act, extinguish and cease to vest in him from the date this act comes into force :[Provided that the right of ownership held by a proprietor in land covered by sub-clause (v) of clause (a) of section 2 shall extinguish and cease to vest in him from the date the [Big Landed Estates Abolition (Amendment) Act, 2008] [Proviso to section 4 (1) added by Act No. XV of 2008.], is published in the Government Gazette, and such proprietor shall have the right to exchange such land with the unit of land for which he has exercised his right of selection under clause (a) of sub-section (2)].(2)Extinction of the right of ownership under sub-section (1) shall not apply to-(a)unit of land not exceeding 182 kanals including residential sites, Bedzars and Safedzars ;(b)Kah-Krisham areas, Araks, Kaps and [such lands including those used for raising fuel or fodder, as are un-culturable] [Substituted by Act No. XV of 2008 for 'unculturable wastes including those used for raising fuel or fodder'.] ; and(c)orchards :Provided that the Government may dispose of the land mentioned in clause (b) in such manner as may be recommended by the Committee that shall be set up for this purpose.(3)Every proprietor, and in case of a proprietor who is an evacuee as defined in the Jammu and Kashmirs State Evacuees (Administration of Property) Act, 2006, the Custodian shall have the option, subject to the provisions of section 14, to select the land mentioned in clause (a) of sub-section (2).
