section 44
Order of eviction
The Jammu and Kashmir Wakafs Act, 1978Chapter IX Chapter IX
Order of eviction.--(1) If after considering the cause, if any, shown by any person in pursuance of a notice under section 43 and any evidence he may produce in support of the same and after giving him a reasonable opportunity of being heard, the Authority is satisfied that the Wakaf property is in unauthorised occupation, the Authority may, on a date to be fixed for the purpose, make an order of eviction, for reasons to be recorded therein, directing that the Wakaf property shall be vacated by all persons who may be in occupation thereof or any part thereof, and cause a copy of the order to be affixed on the outer door or some other conspicuous part of the wakaf property.
- (2) If any person refuses or fails to comply with the order of eviction within 15 days of the date of its publication under sub-section (1), the Authority or any other officer authorised by the Authority in this behalf, may move the Collector of the District to evict such person and there upon the Collector shall evict that person from the Wakaf property and take possession thereof and may for that purpose, call upon the Officer-in-Charge of Police Station of the area to render assistance in evicting that person.
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