3. Exercise of right over pathways and places used common or public purposes.

(1) Notwithstanding anything to the contrary contained in any other law for the time being in force, and notwithstanding any agreement, custom or usage or any decree or order of any Court or other authority, every inhabitant of a village shall exercise the right of use in respect of any road, street, lane, path, channel, drain, well, tank or any source of water-supply in a village including the village of which he is not an inhabitant:

Provided that such right was exercised by such inhabitant or any or his predecessors-in-title for one year continuously at any time prior to the commencement of the Jammu and Kashmir Common Lands (Regulation) Ordinance, 1956 (VII of 1956) .

(2) The right of user permitted by Sub-section (1) shall not be deemed to include or otherwise confer, create or assign any right of encroachment, whether by means of construction, including fencing, walling or putting any barrier or by breaking up of land, diversion or otherwise.