State Land Acquisition Act, 1990 (1934 A.D.)
No: 10 Dated: Apr, 28 1991
THE STATE LAND ACQUISITION ACT, 1990 (1934 A. D.)
Act No. X of Samvat 1990
Whereas it is expedient to amend the law for the acquisition of land, needed for public purposes, within the territories comprising the Jammu and Kashmir State, and for determining the amount of compensation to be made on account of such acquisition ;
It is hereby enacted as follows: -
Part I
Preliminary
1. Short title, extent and commencement. - This Act may be called the State Land Acquisition Act No. X of 1990.
(2) It extends to the whole of the territories comprising the Jammu and Kashmir State.
(3) It shall come into force at once.
2. Validation of the former acquisitions of land. - (1) The State Land Acquisition Regulation, 1903 is hereby repealed.
(2) But all proceedings commenced, officers appointed or authorised, agreements published and rules made under the said Regulation shall, as far as may be, be deemed to have been respectively commenced, appointed or authorised, published and made under this Act.
(3) Any Act or document referring to the Regulation shall, as far as may be, be construed to refer to this Act, or to the corresponding portion thereof.
3. Definitions. - In this Act, unless there is something repugnant in the subject or context, -
(a) the expression "land" includes benefits to arise out of land, and things attached to the earth or permanently fastened to anything attached to the earth ;
(b) the expression "person interested" includes all persons claiming an interest in compensation to be made on account of the acquisition of land under this Act ; and a person shall be deemed to be interested in land if he is interested in an easement affecting the land ;
(c) the expression "Court" means the principal Civil Court of original jurisdiction in a district unless the Government has appointed (as it is hereby empowered to do) a special Judicial Officer within any specified local limits to perform the functions of the Court under this Act ;
(d) the expression "Collector" means the Collector as defined in the Land Revenue Act, 1996 ;
(e) the expression "Revenue Minister" means the Revenue Minister of the Council of the Jammu and Kashmir State ;
(f) the following persons shall be deemed to be "entitled to act" as and to the extent hereinafter provided (that is to say) the guardians of minors, or of lunatics or idiots, and trustees for other persons beneficially interested who are under disability, shall be deemed, respectively, the persons entitled to act to the same extent as the minors, lunatics or idiots themselves, if free from disability, could have acted :
Provided that-
(i) no person shall be deemed "entitled to act" whose interest in the subject matter shall be shown to the satisfaction of Collector or Court to be adverse to the interest of the persons interested, for whom he would otherwise be entitled to act ;
(ii) in every such case, the person interested may appear by a next friend, or, in default of the appearance by a next friend, the Collector or Court, as the case may be, shall appoint a guardian for the case to act on his behalf in the conduct thereof ;
(iii) the provisions of the law in force in the State, for the time being, relating to Civil Procedure, shall so far as they apply are applicable, in the case of persons interested, appearing before a Collector or Court by a next friend or by a guardian, for the case in proceedings under this Act ; and
(iv) no person "entitled to act" shall be competent to receive the compensation money payable to the person for whom he is entitled to act unless he would have been competent to alienate the land and receive and give a good discharge for the purchase money on a voluntary sale ;
(g) the expression "Public Purpose" includes-
(i) the provision of village sites, or the extension planned development or improvement of existing village sites ;
(ii) the provision of land for town or rural planning ;
(iii) the provision of land for planned development of land from public funds in pursuance of any scheme or policy of the Government ;
(iv) the provision of land for a corporation owned or controlled by the State ;
(v) the provision of land for residential purpose to the poor or landless or to persons residing in areas affected by natural calamities or to persons displaced or affected by reasons of the implementation of any scheme undertaken by Government, any local authority or a corporation owned or controlled by the State ;
(vi) the provision of land for carrying out any educational, housing, health or slum clearance scheme sponsored by Government or by any authority established by the Government for carrying out any such scheme or with the prior approval of Government by a local authority or a society registered under the Societies Registration Act, Samvat 1998 or a Co-operative Society, within the meaning of the Co-operative Societies Act. 1960 ;
(vii) the provision of land for any other scheme of development sponsored by the State or Central Government or with the prior approval of the Government, by a local authority :
Provided that the land shall not be allotted or leased out to a person other than permanent resident of the State for residential purposes ;
(viii) the Provision of any premises or building for locating a public office :
Provided that the disposal of land by way of lease or otherwise shall be made by the authority in accordance with the provisions of the law governing alienation, lease, transfer, sale etc;
(ix) the provision of land for any university or other educational institution established by the State Government ;
(h) the expression "Company" means a Company registered under the Now Companies Act No. XI of 1977, and includes a registered society within the meaning of the Cooperative Societies Act, 1960 ;
(i) the expression "local authority" includes a town planning authority (by whatever name called) set under any law for the time being in force ;
(j) the expression "corporation owned or controlled by the State" means any body corporate established by or under any law for the time being in force in the State.