section 15
Acquisition of land
The Jammu and Kashmir Irrigation Act, 1978(1) After a scheme has been approved by Canal Officer, or, where an appeal is pending before the Divisional Canal Officer, after it has been disposed of by him, the Canal Officer shall acquire the land by agreement with the owner thereof, or the Canal Officer shall notify in the manner prescribed a notice of his intention to acquire the land required for implementation of the scheme. (2) Any person interested in the land notified under sub-section (1) may, within fifteen days from the publication thereof, apply to the Divisional Canal Officer by petition stating his objections to the proposed acquisition. (3) After considering the objections, the Canal Officer may make an order for acquisition of the land. (4) The Canal Officer may after holding such enquiry as he deems necessary make an assessment of amount of compensation payable in respect of land, standing crops, trees and structures, if anyone such land, or for any physical damages caused to them within fifteen days of the order, made under sub-section (3). (5) In determining an amount of compensation, the Canal Officer shall give a reasonable opportunity of being heard to the person having an interest in the land. (6) The Canal Officer may take possession of the land after tendering the estimated amount of compensation as stated in subsection (4) to the person having an interest in the land and the land shall thereupon vest absolutely in the Government free from any encumbrance. (7) If any person having an interest in the land acquired by the Government does not agree with the estimated amount of compensation he may prefer an appeal to the Superintending Canal Officer within 30 days of the passing of the order. (8) That Superintending Canal Officer, when the appeal has been preferred, must dispose of the appeal within 6 months of the filing thereof and the amount of compensation, if enhanced, will be deposited within one month thereof. It will carry interest at the rate of 9% per annum from the expiry of one month of the order given by the Superintending Canal Officer. (9) The principal to be followed in awarding compensation shall be the market value of land acquired at the time of the publication of the notice under sub-section (1).
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