Section 5 in Jammu and Kashmir Underground Public Utilities (Acquisition of Rights of User in Land) Act, 2014
5. Declaration of acquisition of right of user.
(1)Where no objection under sub-section (1) of section 4 has been made to the competent authority within the period specified therein or where the competent authority disallows the objections under sub-section (2) of the said section, the competent authority shall, as soon as may be, either make a report in respect of the land described in the notification under sub-section (1) of section 4 or make different reports in respect of different parcels of such land to the Government and upon receipt of such report, the Government shall, if satisfied that such land is required for laying any gas pipeline or any other utility for the transport or any such utility, declare, by notification in Government Gazette, that the right of user in the land for laying the gas pipelines or any other utility should be acquired and different declarations may be made from time to time in respect of different parcels of the land described in the notification issued under sub-section (1) of section 4 irrespective of whether one report or different reports have been made by competent authority under this section.(2)On the publication of the declaration under sub-section (1), the right of user in the land specified therein shall vest absolutely in the Government free from all encumbrances, after making payment of at least 80% compensation to the interested person(s):Provided that in case the land is not put to the specified use within a period of [five years] [Substituted 'two years' by Jammu and Kashmir Act No. 37 of 2018, dated 4.12.2018.] from the date of the award made under section 11 of the Act, the acquired rights of user in land for laying of gas pipelines or any other utility shall cease to have effect and all rights in the land shall revert to the land owner(s) or interested person(s), as the case may be, free from all encumbrances on refund of 50% of the compensation received under this sub-section.(3)[ ***] [Omitted '(3) Where in respect of any land, a notification has been issued under sub-section (1) of section 3, but no declaration under this section has been published within a period of one year from the date of that notification, that notification shall cease to have effect on the expiration of the said period.' by Jammu and Kashmir Act No. 37 of 2018, dated 4.12.2018.](4)Notwithstanding anything contained in sub-section (2)-(a)the Government may, on such terms and conditions, as it may think fit to impose, direct by an order in writing, that the right of user in the land for laying the gas pipelines or any other utility shall, instead of vesting in the Government, vest, either on the date of publication of the declaration or on such date as may be specified in the order, in the Corporation proposing to lay such gas pipelines or other utility and thereupon, the right of such user in the land which shall be subject to the terms and conditions, so imposed or ordered, vest in that Corporation subject to the laws relating to transfer of land in the State ;(b)the provisions of the State Land Acquisition Act, Samvat 1990, shall be resorted to for acquisition and payment of compensation for any structure(s) that may come on the alignment of such gas pipeline or other utility wherever it is not possible to skirt such structure(s).
