Section 9 in The Jammu and Kashmir Public Premises (Eviction of Unauthorised Occupants) Act, 1988
9. Disposal of property left on public premises by unauthorised occupants.
(1)Where any person have been evicted from any public premises under section 5 or where any building or other work has been demolished under section 7, the estate officer may, after giving fourteen days notice to the person from Whom possession of the public premises has been taken and after publishing the notice in at least one newspaper having circulation in the locality, remove or cause to be removed or disposed of by public auction any property remaining in such premises.(2)Where any goods, materials, cattle or other animal have been removed from any public premises under section 6, the estate officer may, after giving fourteen days notice to the persons owning such goods, material, cattle or other animal and after publishing the notice in at least one newspaper having circulation in the locality, dispose of by public auction, such goods, materials, cattle or other animal.(3)Where any property is sold under sub-section (1) the sale proceeds thereof shall, after deducting the expenses of the sale and the amount, if any, due to the Government or the corporate authority on account of arrears of rent or damages or cost, be paid to such person or persons as may appear to the estate officer to be entitled to the same:Provided that where the estate officer is unable to decide as to the person or persons to Whom the balance of the amount is payable or as to the apportionment of the same, he may refer such dispute to the civil court of competent jurisdiction and the decision of the court thereon shall be final.(4)Notwithstanding anything contained in sub-section (1) and (2) the giving or publication of any notice referred to therein shall not be necessary in respect of any property which is subject to speedy and natural decay, and the estate officer may, after recording such evidence as he may think fit, cause such property to be sold or otherwise disposed of in such manner as he may think fit.(5)The expression "costs", referred to in sub-section (3) shall include the cost of removal recoverable under section 6 and the cost of demolition recoverable under section 7.
