section 12
Determination of price
The Jammu and Kashmir State Lands (Vesting of Ownership to the Occupants) Act, 2001General200121 sections
Statutory text
Determination of price. –
- (1) The application for vesting of freehold rights on the State land shall be determined by such Committee as may be prescribed: Provided that different Committees may be prescribed for different areas.
- (2) The Committee shall, for determination of the price for the land in any area, take the following factors into consideration, namely:–
- (a) potential value of the land;
- (b) nearness to the road or urban areas;
- (c) irrigation and transport facilities available; and
- (d) the market value of land determined for purpose of stamp duty under the Stamps Act, Samvat 1977 and the rules made thereunder.
- (3) The Committee shall give the reasons for determining the rate in a particular area or locality.
- (4) Notwithstanding anything contained in any other provision of this Act, an occupant other than an authorized occupant, authorized over-stayed occupant or unauthorized expectant occupant, shall be entitled to vesting of freehold rights on the State land up to 10 kanals, on payment of price determined by the Committee in the prescribed manner: Provided that the ceiling of 10 kanals shall not apply in respect of –
- (a) Agriculture land; and
- (b) land under institutional use subject to such ceiling as may be prescribed.
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