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State of Jammu-Kashmir - Section

Section 17 in State Land Acquisition Act, 1990 (1934 A.D.)

17. Special powers in case of urgency.

- In cases of urgency, whenever the Government so directs, the Collector, though no such award has been made, may, on the expiration of [fifteen days,] [Substituted by Act XXXIV of 1960 for '30 days'.] from the publication of the notice mentioned in section 9, sub-section (1), take possession of any [x x x] [Words omitted by Act XX of 1988, s. 7.] land needed for public purposes. Such land shall thereupon vest absolutely in the Government, free from all encumbrances :Provided that, the Collector shall not take possession of any building or part of a building under this sub-section, without giving to the occupier thereof at least 48 hours' notice of his intention to do so, or such longer notice as may be reasonably sufficient, to enable such occupier to remove his movable property from such building without unnecessary inconvenience ; andProvided in every case under this section the Collector shall at the time of taking possession offer to the persons interested compensation for the standing crop and trees (if any) on such land and for any other damage sustained by them caused by such dispossession and not excepted in section 24; and in case such offer is not accepted, the value of such crops and trees and the amount of such other damage shall be allowed for in awarding compensation for the land under the provisions herein contained :Provided also that in the case of any land to which, in the opinion of the Government, the provisions of sub-section (1) are applicable, the Government may direct that the provisions of section 5-A shall not apply, and if it does so direct, a declaration may be made under section 6 in respect of the land at any time after the publication of the notification under section 4, sub-section (1).