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State of Jammu-Kashmir - Section

Section 80 in Jammu and Kashmir Wakafs Act, 2001

80. Proceeding under the Land Acquisition Act.

(1)If, in the course of proceedings under the Land Acquisition Act, Samvat 1990 or under any other law for the time being in force relating to the acquisition of land or other property it appears to the Collector before an award is made that any property under acquisition is a Wakaf property, a notice of such acquisition shall be served by the Collector on the Chairman, Tehsil Committee, and further proceedings shall be stayed to enable him to appear and state this right, interest, title of property or objection to such acquisition at any time within two months from the date of the receipt of such notice.
(2)When the Chairman, Tehsil Committee has appeared under provisions of sub-section (1) no order shall be passed under section 31 or section 32 of the Land Acquisition Act, Samvat 1990 or under the corresponding provisions of the other law referred to in sub-section (1) without giving an opportunity to the Council of being heard.
(3)Notwithstanding anything contained in the Land Acquisition Act, Samvat 1990 or the rules made thereunder the Collector shall make utmost endeavour not to acquire the Wakaf property, and in case it becomes inevitable, for any public purpose to acquire the same, he shall provide the alternate land of same value preferably in the same locality or somewhere else as the Council may agree :Provided, however, that under no circumstances whatsoever, any graveyard, or burial ground shall be acquired under the Land Acquisition Act, Samvat 1990 on any other corresponding law for the time being in force in the State and any acquisition made in contravention of this Act, shall be void.
(4)Notwithstanding anything contained in any law or the time being in force no tenant, lessee, or occupant of the Wakaf property under acquisition shall be entitled to any compensation whatsoever and the whole compensation if any shall be payable to the Chairman, Tehsil Committee exclusively.