JAMMU &KASHMIR COMMON

LANDS(REGULATION) ACT,

1956Contents

1. Short title,commencement, extent andapplication

2. Definitions

3. Exercise of right overpathways and places used forcommon or public purposes

4. Penalty for denial of or

obstruction in the exercise ofright or for encroachment

5. Right of water

6. Assignment of land forvillage Abadi

7. Determination ofcompensation

8. Principles ofcompensation

9. Payment ofcompensation and premium

10. Assignment of land forvillage Abadi by mutual consent

11. Vesting of rights in non-proprietors and non-tenants andprohibition of encroachment onvacant land

12. Determination of vacant

land for building and otherpurposes

13. Penalty

14. Certain mortgages andcharges not enforceable againstland assigned

15. Appeal

16. Bar of jurisdiction

17. Bar of legal proceeding

18. Power to make rules

19. Repeal and savings

JAMMU &KASHMIR

COMMON LANDS(REGULATION)

ACT, 1956Act No. XXTV of 1956

October, 1956]

An Act to regulate the rightsin common lands

Be it enacted, by the Jammu andKashmir State Legislature in theSeventh Year of the Republic of Indiaas follows :-

1. Short title,commencement, extent andapplication

(1) This Act may be called theJammu and Kashmir Common Lands(Regulation) Act, 1956.

(2) It shall come into force atonce.

(3) It shall extend to the wholeof the State of Jammu and Kashmir.

(4) Save as elsewhere expresslyprovided in this Act, nothingcontained herein shall apply to land

situated in an area declared asMunicipality under the provisions ofthe Jammu and Kashmir MunicipalAct, 2008, or a Cantonment underthe Provision of Central CantonmentAct, 1924 for the time being in force.

2. Definitions

In this Act, unless the contextotherwise requires,-

(a) "Collector" meansthe Collector of the District inwhich the village is situatedor any other officer appointedby the Government toperform the duties of aCollector under this Act;

(b) "Commissioner"includes a SettlementCommissioner;

(c) "Inhabitant" of avillage means a personwhether a proprietor or anon-proprietor, a tenant or anon-tenant, who ordinarilyresides in the village:

Provided that temporary absenceor absence in relation to employmentelsewhere shall not affect hisresidence in the village;

(d) "prescribed"means prescribed by rulesmade under this Act;

(e) "Revenue Officer"

except for the purposes ofsub-section (4) of section 15,means Tehsildar andAssistant Commissioner a n d i n c l u d e s S e t t l e m e n tT e h s i l d a r a n d A s s i s t a n tSettlement Officer;

(f) the words andexpressions not denied butused in this Act shall have themeanings assigned to them inthe Jammu and Kashmir LandRevenue Act, 1996, and theJammu and Kashmir Tenancy

Act, 1980.

3. Exercise of right overpathways and places usedfor common or publicpurposes

(1) Notwithstanding anything tothe contrary contained in any otherlaw for the time being in force, andnotwithstanding any agreement,custom or usage or any decree ororder of any Court or other authority,every inhabitant of a village shallexercise the right of user in respectof any road, street, lane, path,channel, drain, well, tank or any

source of water-supply in a villageincluding the village of which he isnot an inhabitant:

Provided that such right wasexercised by such inhabitant or anyof his predecessors-in-title for oneyear continuously at any time prior tothe commencement of the Jammuand Kashmir Common Lands(Regulation) Ordinance, 1956 (VII of1956).

4. Penalty for denial of orobstruction in the exerciseof right or for encroachment

(1) Where any inhabitant of avillage is denied, or obstructed in,the lawful exercise of his right of useras provided in section 3, or whereany person has taken possession ofor brought under cultivation orotherwise encroached upon any road,street, land, path, channel, drain,well, tank, or any source of water-supply, a Revenue Officer may, on hisown motion or on the application of

any person interested and after suchenquiry as may be deemednecessary,-

(a) direct the freeexercise of the right of userand the removal of theobstruction, where theexercise of such right is foundto have been denied orobstructed;

(b) eject the personwho has taken possession ofor brought under cultivationor otherwise encroached upon

such road, street, lane, path,channel, drain, well, tank, orany source of water-supply;

(c) inflict a fine notexceeding Rs. 200 on suchperson or persons as arefound to have denied orobstructed the exercise of theright of user in respect of orto have taken possession ofo r brought under cultivationor otherwise encroached uponsuch road, street, lane, path,channel, drain, well, tank or

any source of water-supply.

(2)(i) Orders of removal ofobstruction or ejectmentunder sub-section (1) shall beenforced in the mannerprovided in the Code of CivilProcedure, 1977 for the timebeing in force in respect ofthe execution of a decree,whereby a Civil Court hasadjudged ejectment from ordelivery of possession ofimmovable property.

(ii) In enforcing these

orders a Revenue Officer shallhave all the powers in regardto contempts, resistance andthe like which a Civil Courtmay exercise in the executionof a decree of the descriptionmentioned in clause (i).

(iii) Any fine, if not paid incash, shall be recovered as anarrear of land revenue underthe provisions of the Jammua n d Kashmir Land RevenueAct, 1996.

5. Right of water

No land-owner shall be competentto curtail or terminate the supply oruse of water from any sourceenjoyed immediately before 17thOctober, 1950 by any person inrespect of the land, in which the rightof such land-owner has beenextinguished under the provisions ofthe Jammu and Kashmir Big LandedEstates Abolition Act, 2007, and abreach of this provision shallconstitute a cognizable offencepunishable with imprisonment which

may extend to six months and shallbe triable by a Court not below therank of a Second Class Magistrate.

6. Assignment of land forvillage Abadi

(1) Where in any village, no landis recorded for extension of thevi l lage Abadi, or if the land soreserved is inadequate, a Collectorm a y , notwithstanding anythingcontained in any law for the timebeing in force, by an order in writing,assign in the manner prescribedothe r land for such purpose fromeither of the following categories ofland, namely:-

(a) land owned by the

State in the village: Providedit is not required for any Statepurpose;

(b) waste land in thevillage Shamilat;

(c) waste land in anyproprietary holding in thevillage; and

(d) cultivated land in thevillage:

Provided that unless land includedin any preceding category be notavailable or be not suitable, no land

from the next category shall beassigned.

(2) The land assigned undersub-section (1) shall, subject to theother provisions of this Act, beapportioned for building purposesamongst the inhabitants of thevillage in such manner as may beprescribed.

(3) Where the land is assignedout of the land owned by the State,the inhabitants of the village inwhose favour it is apportioned shall,subject to the payment of a premium

equal to ten times the letting valueof such land, be granted the right ofownership in such land :

[1][Provided that no premiumshall be charged from a personbelonging to a weaker section of thesociety who is not in a position topay it.]

(4) (i) Where the land is assignedout of the land held in ownershipright, all rights, title and interest(including the contingent interests, ifany, recognised by any law, customor usage for the time being in force)

of the land-owner shall,notwithstanding anything to thecontrary contained in any law,custom or usage for the time being inforce, except as otherwise providedin this Act, be extinguished and suchrights, title and interest shall bevested in the inhabitants of thevillage in whose favour it isapportioned, free from allencumbrances:

[2][Provided that where the landheld in ownership right isapportioned to a person belonging to

a weaker section of the society whoi s not in a position to pay thecompensation, the compensationpayable to the owner for such landshall be paid by the Government andany reference in sections, 7 and 9 toan inhabitant of the village, so far asit relates to payment ofcompensation, shall in relation tocases covered by this proviso, beconstrued as a reference to theGovernment.

Explanation.—For the purposes ofthis section person belonging to a

weaker section of the society meansthe person who does not own eitherin his own name or in the name ofany of his dependent family memberany site of building or built up housein the village.]

(ii) The inhabitants of the villagein whose favour such land isapportioned shall be liable to payand the land-owner concerned shallbe entitled to receive and be paidsuch compensation as may bedetermined under this Act.

7. Determination ofcompensation

(1) Any land-owner whose rightshave been extinguished undersection 6 may, within six monthsform the date of the order ofassignment made by the Collector,apply to the Collector, in such formas may be prescribed, for thedetermination of the amount ofcompensation payable to him by theconcerned inhabitants of the village:

Provided that the Collector mayentertain the application after the

expiry of the said period of sixmonths, if he is satisfied that theapplicant was prevented by thesufficient cause from filing theapplication in time.

(2) On receipt of an applicationunder sub-section (1) the Collectorshall, after giving the applicant anopportunity of being heard and aftermaking such enquiry as may beprescribed, make an awarddetermining the amount ofcompensation payable in accordancewith the provisions of section 8.

(3) Where there is any dispute asto the person or persons who areentitled to the compensation, theCollector shall decide such dispute,and if he finds that more than oneperson is entitled to compensation,he shall apportion the amountthereof amongst such persons.

(4) Where the compensation ispayable to a minor or to a personhaving a limited interest, theCollector may make sucharrangements as may be equitablehaving regard to the interests of the

minor, the parties concerned andtheir reversioners.

8. Principles ofcompensation

The amount of compensationpayable under this Act shall, whenthe land is waste, be twenty timesthe land revenue paid and in othercases ten times the amount ofannual rent and other dues, if any,received by the land-owners:

Provided that where the rent orother dues is or are paid wholly orpartly in kind, the amount of suchannual rent or other dues shall becalculated on the basis of the

average of the price of the produceduring a period of twelve years,commencing from the first day ofApril, 1943.

9. Payment of compensationand premium

(1) The premium payable shall bedeposited with the Collector, and thecompensation awarded under this Actshall either be paid in cash to theparty entitled to it or to be depositedwith the Collector by the concernedinhabitants of the village within aperiod of three months of the date ofthe order of grant of ownership oraward, as the case may be:

Provided that the Collector may,having regard to the amount of

compensation or premium or forother reasons to be recorded by him,allow such inhabitants of the villageto pay the compensation or premiumin such installments payable within aperiod not exceeding three years inany case, as he thinks fit.

(2) When an inhabitant of avillage makes a default in thepayment of the premium orcompensation, the amount due maybe recovered in the same manner asan arrear of land revenue.

10. Assignment of land forvillage Abadi by mutualconsent

(1) Notwithstanding anythingcontained in section 6, when theland-owners of a village voluntarilyagree to assign any land out of thevillage Shamilat or other proprietaryholding for purposes of the village Abadi, it shall be lawful for theCollector, after such enquiry as maybe necessary, to assign by an orderin writing such land for suchpurposes, and from the date of such

order all rights, title and interest(including the contingent interest, ifany, recognised by any law, customor usage for the time being in force)in such land shall be extinguishedand such rights, title and interestshall be vested free from anyencumbrance in the inhabitants ofthe village amongst whom such landis apportioned.

(2) No claim for compensation onaccount of the extinction of therights, title and interest in such landshall be entertained at any time after

the order of assignment is made.

(3) The apportionment of landamongst the inhabitants shall bemade by the Collector in the manneras may be prescribed.

11. Vesting of rights in non-proprietors and non-tenantsand prohibition ofencroachment on vacantland

Notwithstanding anything to thecontrary contained in other law forthe time being in force, andnotwithstanding any agreement,instrument, custom or usage or anydecree or order of any Court or otherauthority-

(a) all rights, titleand interests whatever in the

land which is situated in the Abadi-Deh of village andwhich is under the houseowned by a non-proprietor ora non-tenant shall, at t h e c o m m e n c e m e n t o f t h i s A c t , v e s t i n t h e s a i d non-proprietor or non-tenant;

(b) no person shall,except as provided in this Act,t a k e possession of orotherwise encroach upon anyland vacant at thecommencement of this Act

other than that used as acourtyard or compound of ahouse, a vegetable garden, aSagzar or a Wari, which isincluded in the Abadi-Deh of any village.

12. Determination of vacantland for building and otherpurposes

(1) The Government shalldetermine the extent of thevacant land as defined byclause (b) of section 11 andmay grant it for building andother purposes in suchmanner and on suchconditions as may beprescribed.

(2) In the matter of suchdetermination, the

Government may consider-

(a) any generalscheme of rural housing ord e v e l o p m e n t alreadysanctioned by it; and

(b) the requirementsof land for any publicpurpose.

[3][(3) Where any land is grantedto any person for building purposesunder sub-section (1) he shall hold iton lease basis for a period of tenyears on payment of Rupee one per

rnarla per annum and on the expiryof said period of ten years all rights,title and interest in such land shallvest in such person:

Provided that such person shallnot transfer his lease-hold rightswithout previous permission of theRevenue Minister except formortgaging his lease-hold rights withany financial institution for securingloan for building purposes.]

13. Penalty

(1) When any person hascontravened the provision of clause( b ) of section 11 or any of theconditions laid down under sub-section (1) of section 12, it shall belawful for a Revenue Officer havingjurisdiction to eject and impose a finenot exceeding Rs. 200 on suchperson.

(2) The provisions of sub-section(2) of section 4 shall apply to all theproceedings taken under this section.

14. Certain mortgages andcharges not enforceableagainst land assigned

Notwithstanding anythingcontained in any contract or in anylaw for the time being in force-

(a) no claim orliability, whether under anydecree or order of a CivilCourt or otherwise,enforceable against a land-owner for any money which ischarged on, or is secured by amortgage of, any land held

under him which has beena s s i g n e d t o v i l l a g e A b a d iu n d e r s e c t i o n 6 , s h a l l b eenforceable against the land,but every such claim orliability shall be deemed to bea charge on the compensationpayable to the land-owner inrespect of such land;

(b) no encumbranceon the land assigned tovillage Abadi under section10 shall be enforceableagainst the land but shall be

d e e m e d t o b e a c h a r g e o nt h e o t h e r p r o p e r t y o f t h eland-owner.

15. Appeal

(1) An appeal shall lie from-

(a) any order made by aRevenue Officer to the Collector;

(b) any order oraward made by the Collectorto the DivisionalCommissioner; and

(c) any order of theDivisonal Commissioner, tothe Financial Commissioner:

Provided that when an originalaward or order is confirmed on first

appeal, a further appeal shall not lie.

(2) The period of limitation for anappeal under this section shall runfrom the date of the award or orderappealed against and shall be asfollows:-

(a) when the appeal liesto the Collector .... 30 days

(b) when the appeal liesto the Divisional Commr or theFinancial Commr ..... 60 days

(3) In computing the period for anappeal from an order or award underthis Act, the provisions of the Jammuand Kashmir Limitation Act, 1995shall apply.

(4) For the purposes of this Act,the Collector, the DivisionalCommissioner and the FinancialCommissioner may, in so far as maybe necessary or expedient to do so,exercise all the powers of RevenueOfficer or a Revenue Court, as thecase may be, under the Jammu andKashmir Land Revenue Act, 1996 and

the Jammu and Kashmir TenancyAct, 1980.

16. Bar of jurisdiction

Save as otherwise expresslyprovided in this Act, every ordermade by the Revenue Officer,Divisional Commissioner or FinancialCommissioner and every award ororder made by the Collector shall befinal and no proceedings or ordertaken or made under this Act shall becalled in question by any Court orbefore any officer or authority.

17. Bar of legal proceeding

No prosecution, suit or other legalproceedings shall lie against theGovernment or any officer soauthorised for anything which is ingood faith done or intended to bedone in pursuance of this Act or ofany rules made thereunder.

18. Power to make rules

(1) The Government may makerules to carry out the purposes ofthis Act.

(2) In particular, and withoutprejudice to the generality of theforegoing power, such rules mayprovide for all or any of the followingmatters, namely:-

(a) t h e m a n n e r i nw h i c h t h e l a n d m a y b ea s s i g n e d o r apportioned under

this Act;

(b) t h e f o r m a n dm a n n e r i n w h i c h a na p p l i c a t i o n f o r d e t e r m i n a t i o no f c o m p e n s a t i o n m a y b em a d e b y t h e land-owner;

(c) the manner in whichinquiries may be held under thisAct;

(d) the manner in whichcompensation may be paid;

(e) the manner in, andconditions upon, which vacant

Abadi land may be granted;

(f) the manner in whichappeals may be filed; and

(g) any other matterwhich has to be, or may beprescribed,

19. Repeal and savings

(1) The Jammu and KashmirCommon Lands (Regulations)Ordinance, 1956 (Ordinance VII of1956) is hereby repealed.

(2) Notwithstanding suchrepeal, anything done or any actiontaken in the exercise of any powerconferred by or under the saidOrdinance shall be deemed to havebeen done or taken in the exercise ofpowers conferred by this Act and anypenalty incurred or proceedingcommenced under that Ordinance

shall be deemed to be a penaltyincurred or proceeding commencedunder this Act, as if this Act were inforce on the day on which such thingwas done or action was taken.

[1] Proviso inserted by Act XIV of 1981, S.2.

[2] Proviso and the explanation added by ActXIV of 1981, sec. 2.

[3] Sub-section (3) substituted by Act No.XXIV of 1987, Section 2.