Section 4 in The Jammu and Kashmir Common Lands (Regulation) Act, 1956
4. Penalty for denial of or obstruction in the exercise of right or for encroachment.
(1)Where any inhabitant of a village is denied, or obstructed in, the lawful exercise of his right of user as provided in section 3, or where any person has taken possession of or brought under cultivation or otherwise encroached upon any road, street, land, path, channel, drain well, tank, or any source of water-supply, a Revenue Officer may, on his own motion or on the application of any person interested and after such enquiry as may be deemed necessary,-(a)direct the free exercise of the right of user and the removal of the obstruction, where the exercise of such right is found to have been denied or obstructed ;(b)eject the person who has taken possession of or brought under cultivation or otherwise encroached upon such road, street, lane, path, channel, drain, well, tank, or any source of water-supply ;(c)inflict a fine not exceeding Rs. 200 on such person or persons as are found to have denied or obstructed the exercise of the right of user in respect of or to have taken possession of or brought under cultivation or otherwise encroached upon such road, street, lane, path, channel, drain, well, tank or any source of water-supply.(2)(i)Orders of removal of obstruction or ejectment under sub-section (1) shall be enforced in the manner provided in the Code of Civil Procedure, 1977 for the time being in force in respect of the execution of a decree, whereby a Civil Court has adjudged ejectment from or delivery of possession of immovable property.(ii)In enforcing these orders a Revenue Officer shall have all the powers in regard to contempts, resistance and the like which a Civil Court may exercise in the execution of a decree of the description mentioned in clause (i).(iii)Any fine, if not paid in cash, shall be recovered as an arrear of land revenue under the provisions of the Jammu and Kashmir Land Revenue Act, 1996.
