Section 26 in Jammu and Kashmir Agrarian Reforms Act, 1976
26. Encroachment on State land and land reserved for grazing purposes
(1) Subject to the provisions of sub-section (3)-(a)Where a person has unauthorizedly raised an orchard or a plantation of trees on State land or land reserved for grazing purposes, the Collector shall by notice dire:A such person, either to give in exchange for such land an equal area (in terms of standard acres) held or acquired by him as owner or to abandon possession of such land, within a period of six months: Provided that the land so given in exchange is suitable for grazing purposes and easement rights for the land are also conferred in such a manner that the land can be used for grazing purposes.(b)Where such person fails to comply with the direction given under clause (a), such orchard or plantation of trees shall be attached by the Collector, after giving such person an opportunity of being heard, and shall thereafter be transferred by him in ownership rights to any other person, who offers land owned by him in exchange for such orchard or plantation equal to it in area in terms of standard acres, and also pays such sum of money as price of trees standing thereon as shall be determined in the prescribed manner, and the Collector may auction, during the period of such attachment, the produce of such orchard or plantation.(2)The cost of attachment and auction under clause (b) of sub-section (1) shall be recovered from the person so raising the orchard or plantation or the person claiming through him.(3)Unauthorized occupation of State land or land reserved for grazing purpose, not exceeding two kanals in area, as on the date of commencement of this Act, by a person, including other members of the family, if any, to which he belongs, not holding any other land or dwelling house, shall not be disturbed:Provided that the right of easement enjoyed by any other person shall not thereby be interfered with.
