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State of Jammu-Kashmir - Section

Section 3 in Jammu and Kashmir Underground Public Utilities (Acquisition of Rights of User in Land) Act, 2014

3. Publication of preliminary notification and powers of officers thereon.

(1)Whenever it appears to the Government that it is necessary in the public interest that for the transport of gas or for any other utility from one locality to another locality, pipelines may be laid by Government or any Corporation, as the case may be, and for the purpose of laying such pipelines, it is necessary to acquire the right of user in any land under which such pipelines are to be laid, it may, by notification in Government Gazette, declare its intention to acquire the right of user therein.
(2)The competent authority shall cause the substance of notification issued under sub-section (1) to be published,-
(a)through a public notice to be affixed at convenient places in the said locality; and
(b)in two daily newspapers having larger circulation in the said locality.
(3)Every notification under sub-section (1) shall give a brief description of the land and the intention of the Government.
(4)After issuance of notification under sub-section (1) and its publication under sub-section (2), it shall be lawful for any person authorized by the Government or the Corporation for transporting gas or other utility and his servants and workmen,-
(a)to enter upon and survey and take levels of any land specified in the notification;
(b)to dig or bore into the sub-soil;
(c)to set out the intended line of work;
(d)to mark such levels, boundaries and line by placing marks and cutting trenches;
(e)to cut down and clear away any part of any standing crop, fence or jungle where otherwise survey cannot be completed and levels taken and the boundaries and line marked ; and
(f)to do all other acts as may be necessary to ascertain whether gas pipelines or other utility can be laid under the land:
Provided that while exercising any power under this section, such person or any servant or workman of such person shall cause little damage or injury, as far as practicable, to such land:Provided further that in case of any damage caused, the compensation shall be paid at once to the owner of the land as determined by the competent authority.