The Jammu and Kashmir Cancellation of Orders and Annulment of Instruments Act, 1992

(1) This Act may be called the Jammu and Kashmir Cancellation, of Orders and Annulment of Instruments Act, 1992. (2) It shall come into force at once.

In this Act, unless the context otherwise requires,-- (a) "allottee" means such person in whose favour allotment of plot has been made in Sector I of Roop Nagar Housing Colony, Jammu by or under or in pursuance of Government Order No 371-UD of 1989 dated 21-11-1989. (b) "authority" means the Jammu Development Authority constituted under section 3 of the Jammu and Kashmir Development Act, 1970 ; (c) "instrument" includes any agreement, lease deed or contract executed between the allottee and the authority ; (d) "property" means plot of land allotted to any person in Roop Nagar, Housing Colony, Jammu by or under or in pursuance of Government Order No 371-UD of 1989 dated 21-11-1989.

Notwithstanding anything to the contrary contained in any law, rule, instrument, agreement or contract or any judgement, decree or order of any court.-- (a) the Government Order No 371-UD of 1989 dated 21-11-1989 and the letters of allotment or orders issued in furtherance thereto shall, from the date of commencement of this Act, stand cancelled ; (b) any instrument executed between the allottee and the authority in furtherance of Government Order No 371-UD of 1989 dated 21-11-1989 shall, from the date of commencement of this Act, stand annulled and any interest or right which might have accrued to any person under any such instrument shall stand extinguished.

Notwithstanding anything to the contrary contained in any law, rule, agreement, instrument, lease deed or contract or in any judgement, decree or order of any court:-- (a) the interests or rights of the allottee or any person in the property, which have been extinguished under section 3, shall, by virtue of this Act, stand transferred to and vest in the authority; (b) the property, shall, by virtue of such vesting as aforesaid, become free from all the encumbrances and obligations.

The authority shall pay to each allottee :-- (a) a sum equivalent to the amount of premium, if any deposited by an allottee with the authority; (b) interest at the rate of 10% per annum from the date of deposit of premium till its refund by the authority; (c) actual expenditure incurred by the allottee in the execution and registration of any instrument with the authority; and (d) any other cost, which in the opinion of the authority has been incurred by the allottee but is not covered by the above provisions.

(1) An appeal shall lie to the Jammu and Kashmir Special Tribunal from any final order passed by the authority in respect of the grant of amount under section 5 (2) Every appeal under this section shall be preferred within a period of thirty days from the date of the order

(1) Notwithstanding anything to the contrary contained in any other law for the time being in force, no person, whose interest and rights have been extinguished under section 3, shall enter or occupy the property. (2) Any person who contravenes the provisions of sub-section (1) shall be punished with imprisonment for a term which may extend to two years or with fine which may extend to ten thousand rupees or with both.

Nothing contained in this Act shall debar any person, whose allotment of property has been cancelled under section 3, from applying and being considered for allotment of a plot for residential purpose by the authority in accordance with the prescribed eligibility.

(1) The Jammu and Kashmir Cancellation of Orders and Annulment of Instruments Act, 1990 is hereby repealed. (2) Notwithstanding such repeal, anything done or any action taken under the Jammu and Kashmir Cancellation of Orders and Annulment of Instruments Act, 1990 shall be deemed to have been done or taken under the corresponding provisions of this Act.