Demarcation of land left with proprietors

Demarcation of land left with proprietors.-

1. (1) An Assistant Collector of the 1st Class or any other officer not below the rank of a Tehsildar authorised by the Revenue Minister in this behalf shall, as soon as may be after this Act comes into force, serve a notice on the proprietor, and in the case of a proprietor who is an evacuee as defined in the Jammu and Kashmir State Evacuees' (Administration of Property) Act, 2006, on the Custodian to select the land mentioned in clause
   • (a) of sub-section
2. (2) of section 4 and intimate to him the khasra numbers and the area thereof within such period as may be specified, and shall-
   • (a) if such proprietor complies with the notice, direct that the land so selected be immediately demarcated on spot ; and
   • (b) in case such proprietor fails to comply with the notice, himself reserve the land for such proprietor, and the land so reserved shall be deemed as if it had been selected by such proprietor himself.
3. (2) The order passed under sub-section
4. (1) shall be communicated to such proprietor.
5. (3) The selection of land and demarcation by the proprietor under sub-section
6. (1) shall not affect any right of easement which is essential for the enjoyment of land transferred in ownership right to a tiller and to which the ex-proprietor had been entitled if such transfer had not been made to the tiller.
7. (4) Nothing in this section shall be construed to take away the right of a tiller to any building belonging to him and situate on the unit of land selected by the proprietor.