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State of Jammu-Kashmir - Section

Section 40 in State Land Acquisition Act, 1990 (1934 A.D.)

40. Procedure with regard to Government sanction.

- [(1) The Governments shall not acquire land for a company under this part unless they are satisfied either on the report of the Collector under section 5 A, sub-section (2) or by an enquiry held as hereinafter provided-(a)that such acquisition is needed for the construction of some work, and that such work or its product is likely to prove useful to the public ; or(b)that the purpose of the acquisition is to obtain land for the erection of dwelling houses for workmen employed by the company or for the provision of amenities directly connected therewith.]
(2)Such enquiry shall be held by such officer and at such time and place as the Revenue Minister shall appoint.
(3)Such officer may summon and enforce the attendance of witnesses and compel the production of documents by the same means and, as far as possible, in the same manner as is provided by the Code of Civil Procedure, in the case of a Civil Court.