The JAMMU AND KASHMIR NATURAL CALAMITIES DESTROYED AREAS IMPROVEMENT ACT, 2011 (1954 A.D.)

NATURAL CALAMITIES DESTROYED
AREAS IMPROVEMENT ACT, 2011
( Act No. XXXVIII of Svt. 2011)
THE JAMMU AND KASHMIR NATURAL CALAMITIES
DESTROYED AREAS IMPROVEMENT ACT, 2011
(1954 A.D.)
(Act No. XXXVIII of Samvat 2011)
CONTENTS
Section.
1. Short title, extent, and commencement and application.
2. Definitions.
3. Improvement Scheme.
4. Matters that may be dealt with in scheme.
5. Permission to be taken for construction, etc., after publication of
notification under section 3.
6. Obligation on owners to comply with scheme after sanction.
7. Order of demolition of buildings.
7-A. Penalties.
8. Modification of the Right to Fair Compensation and Transparency in
Land Acquisition, Rehabilitation and Resettlement Act.
9. Notification under section 3 to have effect as declaration under sections
11 and 19 of the Right to Fair Compensation and Transparency in Land
Acquisition, Rehabilitation and Resettlement Act.
10. Sections 26, 27 and 28 of the Right to Fair Compensation and Transpar-
ency in Land Acquisition, Rehabilitation and Resettlement Act superseded.
11. Power of Government to make rules.
11-A. Sanction of prosecution.
11-B. Protection of action taken in good faith.
350 NA TURAL CALAMITIES DESTROYED AREAS IMPROVEMENT ACT
Section
12. Validity of action taken by the Government or by officers or authorities
under the order of the Government in making improvements of towns of
Anantnag, Shopian and Baramulla.
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NATURAL CALAMITIES DESTROYED AREAS IMPROVEMENT ACT         351
THE JAMMU AND KASHMIR NATURAL CALAMITIES
DESTROYED AREAS IMPROVEMENT ACT, 2011
( 1954 A.D.)
(Act No. XXXVIII of Samvat 2011)
[Received the assent of the Sadar-i-Riyasat on 24th December, 1954 and
published in Government Gazette dated 21st Magh, 2011/3rd February, 1955.]
An Act for improvement of towns, villages or other areas destroyed by
natural calamities in the 1[Union territory of Jammu and Kashmir].
Whereas it is expedient to make provision for enabling the Government
to make improvement of towns, villages and other area in the 1[Union territory
of Jammu and Kashmir] which may be destroyed wholly or partly by fire, flood,
earthquake or other such natural calamity ;
It is hereby enacted as follows :––
1. Short title, extent, commencement and application. ––(1) This Act
may be called the Jammu and Kashmir Natural Calamities Destroyed Areas
Improvement Act, 2011.
(2) It shall extend to the 2[whole of the Union territory of Jammu and
Kashmir].
(3) It shall come into force from the date it is published in the 3[Official
Gazette] but it shall also apply to such towns, villages and other areas which
would have been destroyed wholly or partly by fire, flood, earth-quake or
other such calamity on or after 1st Baisakh, 2009.
2. Definitions.–– In this Act, unless there is anything repugnant in the
subject or context,––
(a) words and expression not defined in this Act have the same meaning
as in the 4[Jammu and Kashmir Municipal Act, 2000] ;
(b) ‘owner’ includes the person for the time being receiving or entitled
to receive, whether on his own account or as agent, trustee, guardian,
1. Substituted by S.O. 1229(E) dated 31.03.2020 for “State”.
2. Substituted ibid for “whole of the State”.
3. Substituted ibid for “Government Gazette”.
4. Substituted ibid for “Jammu and Kashmir Municipal Act, 1998”.
352 NA TURAL CALAMITIES DESTROYED AREAS IMPROVEMENT ACT
manager or received for another person or for any religious or
charitable purpose, the rents or profits of the property in connection
with which the word is used ;
(c) ‘prescribed’ means prescribed by rules made under this Act ;
1[(d) ‘prescribed authority’ means an officer appointed by the Govern-
ment as such for purposes of this Act.]
3. Improvement scheme. ––(1) If a town, village or other area is destroyed,
wholly or partly, by fire, flood, earth-quake or such other natural calamity and
the Government is of the opinion that it is expedient and for the public advan-
tage to control and provide for the future expansion, development or improve-
ment of any such town, village or other area in the 2[Union territory of Jammu
and Kashmir], the Government may declare their intention to frame a scheme
and such declaration shall be notified in the 3[Official Gazette].
(2) The Government may, as soon as may be, after the publication of the
notification under sub-section (1), frame and sanction a scheme and notify the
sanction in the 3[Official Gazette].
(3) Such a scheme shall show the method in which the town, village or
other area is proposed to be developed or improved.
(4) A notification under sub-section (2) shall be conclusive evidence that
the scheme has been duly made and sanctioned.
(5) The scheme shall have effect from the date of the publication of such
notification :
Provided that the execution of the scheme or any part thereof may be
deferred until such time as may be fixed by the Government.
4. Matters that may be dealt within scheme.–– A scheme may provide for
all or any of the following matters :––
(a) the laying out or relaying out of land either vacant or already built
upon as building sites or for any of the purposes mentioned in this
section ;
1. Clause (d) added by Act XI of 1968.
2. Substituted by S.O. 1229(E) dated 31.03.2020 for “State”.
3. Substituted ibid for “Government Gazette”.
NATURAL CALAMITIES DESTROYED AREAS IMPROVEMENT ACT         353
(b) the construction, diversion, extension, alteration, improvement or
closure of streets, roads and communications ;
(c) the construction, diversion, removal or demolition of buildings,
bridges and other structures ;
(d) the acquisition by purchase, exchange or otherwise of any land or
other immovable property within the area included in the scheme
whether required immediately or not ;
(e) the re-distribution of boundaries and the reconstitution of the plots
belonging to owners of property comprised in the scheme ;
(f) the disposal by sale, exchange, lease or otherwise or land acquired
or owned by the Government ;
(g) transport facilities ;
(h) water supply ;
(i) lighting ;
(j) drainage, inclusive of sewerage and of surface drainage and
sewerage disposal ;
(k) the allotment or reservation of land for streets, roads, squares,
houses, buildings for religious and charitable purposes, open
spaces, gardens, recreation grounds, schools, markets, shops,
factories, hospitals, dispensaries, Government and municipal
buildings and public purposes of all kinds ;
(i) construction of houses ;
(m) the preservation of objects and buildings of archaeological or
historic interest or of natural beauty or actually used for religious
purposes or regarded by the public with special religious veneration ;
(n) the imposition of conditions and restrictions in regard to the
character, number, architectural features and height of buildings
allowed in specified areas and the purposes to which buildings or
specified areas may or may not be appropriated and the provisions
and maintenance of sufficient open space about buildings ;
354 NA TURAL CALAMITIES DESTROYED AREAS IMPROVEMENT ACT
(o) the suspension, restriction or modification, so far as may be
necesssary for the proper carrying out of the scheme, of any
provission in 1[the Jammu and Kashmir Municipal Act, 2000] and
2[the Jammu and Kashmir Panchayati Raj Act, 1989] or any rule,
bye-law or Regulation made under the said Acts and in force in the
area included in the scheme ;
(p) any other matter for which, in the opinion of the Government, it is
expedient to make provision with a view to the improvement of any
area in question or the general efficiency of the scheme.
5. Permission to be taken for construction, etc., after publication of
notification under section 3.–– After the publication of a notification under
section 3, sub-section (1), no person shall erect or proceed with any building
or work on or enter into or carry out a contract in respect of any land within
the area included in the scheme unless he has obtained permission from the
Government.
6. Obligation on owners to comply with scheme after sanction.–– From
the date of the notification of the Government, sanctioning a scheme under
sub-section (2) of section 3, all owners of land and buildings in the area
affected by the scheme who propose to construct or reconstruct or in any way
alter or add to buildings, shall conform in every particular with the require-
ments of such scheme ; and no building shall be constructed or reconstructed
in any area in which building is expressly forbidden in the scheme or which is
reserved in the scheme for any purpose incompatible with building.
3[7. Order of demolition of buildings. ––(1) Where, on and after the day
on which the scheme shall have effect,––
(a) the construction re-construction or alteration of, or addition to,
any building has been commenced or is being carried on or has
been completed in contravention of the scheme ; or
(b) the erection of any building or work has been commenced or
carried on without the permission referred to in section 5 or in
contravention of any condition subject to which such permission
has been granted ;
1. Substituted by S.O. 1229(E) dated 31.03.2020 for “the Jammu and Kashmir Municipal
Act, 1998, the Town Area Act, 1997”.
2. Substituted ibid for “the Village Panchayat Act, 2008”.
3. Sections 7 and 7-A substituted by Act XI of 1968 for section 7.
NATURAL CALAMITIES DESTROYED AREAS IMPROVEMENT ACT         355
the prescribed authority may, in addition to any prosecution, that may be
instituted under this Act, make an order direction that such construction, re-
construction, alteration, addition or erection shall be demolished by the owner
thereof within such period not exceeding thirty days, as may be specified in
the order and on failure of the owner to comply with the order, the prescribed
authority may cause the construction, re-construction, alteration, addition or
erection, as the case may be, to be demolished and the expenses of such
demolition shall be recovered from the owner, as arrears of land revenue :
Provided that no such order shall be made unless the owner has been
given reasonable opportunity to show cause why the order should not be made.
(2) Any person aggrieved by an order under sub-section (1) may appeal
to the Minister-in-Charge, Rehabilitation Department, against that order within
thirty days from the date thereof ; and such Minister may, after hearing the
parties to the appeal, either allow or dismiss the appeal or may reverse or vary
any part of the order.
(3) The decision of the Minister-in-Charge, Rehabilitation Department,
on the appeal and subject to only such decision, the order under sub-section
(1) shall be final and shall not be questioned in any Court.
7-A. Penalties.–– Any person who constructs, re-constructs, alters or
makes any addition to, any building in contravention of the scheme, or, erects or
proceeds with any building or work without the permission referred to in section
5, shall be punishable with fine which may extend to one thousand rupees.]
8. Modification of 1[the Right to Fair Compensation and Transparency
in Land Acquisition, Rehabilitation and Resettlement Act].–– Immovable prop-
erty required for the purposes of the scheme shall be deemed to be land needed for
a public purpose within the meaning of 1[the Right to Fair Compensation and
Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013
(30 of 2013)] and may be acquired––
(a) under the said Act ; or
(b) under the said Act as modified in the manner hereinafter provided
in sections 10 and 11.
9. Notification under section 3 to have effect as declaration under
sections 11 and 19 of 1[the Right to Fair Compensation and Transparency in
Land Acquisition, Rehabilitation and Resettlement Act].–– In cases falling
1. Substituted by S.O. 1229(E) dated 31.03.2020 for “Land Acquisition Act”.
356 NA TURAL CALAMITIES DESTROYED AREAS IMPROVEMENT ACT
under section 8 (b), a notification under sub-section (2) of section 3 shall,
notwithstanding anything contained in 1[the Right to Fair Compensation and
Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013
(30 of 2013)], operate in respect of any land  required for the purposes of the
scheme as a declaration under 2[sections 11 and 19] of the said Act and no
further declaration shall be necessary ; but it shall not be incumbent on the
Government or officer authorised in that behalf to take immediate steps for the
acquisition for such land :
Provided that if the land is not acquired within three years from the date
of notification it shall cease to have effect as a declaration under 2[sections 11
and 19] of 3[the Right to Fair Compensation and Transparency in Land Acqui-
sition, Rehabilitation and Resettlement Act, 2013 (30 of 2013)] unless a fresh
notification is issued.
10. 4[Sections 26, 27 and 28] of 3[the Right to Fair Compensation and
Transparency in Land Acquisition, Rehabilitation and Resettlement Act]
superseded. ––(1) The provisions of 4[sections 26, 27 and 28] of 1[the Right to
Fair Compensation and Transparency in Land Acquisition, Rehabilitation and
Resettlement Act, 2013 (30 of 2013)], shall have no application in cases falling
under clause (b) of section 8.
(2) In such cases the Collector and the Court shall, in determining the
amount of compensation to be awarded for the land acquired, take into
consideration––
(a) the market value of the land at the date of publication of the
notification under section 3, sub-section (1) ; and
(b) the damage sustained by the person interested by reason of taking
of any standing crops or trees which may be on the land at the time
of the Collector’s taking possession thereof.
But shall not take into consideration––
(a) the degree of urgency which has led to the acquisition or its
compulsory character ;
1. Substituted by S.O. 1229(E) dated 31.03.2020 for “Land Acquisition Act, Svt. 1990”.
2. Substituted ibid for “sections 4 and 6”.
3. Substituted ibid for “Land Acquisition Act”.
4. Substituted ibid for “sections 15, 23 and 24”.
NATURAL CALAMITIES DESTROYED AREAS IMPROVEMENT ACT         357
(b) any damage which is likely to be caused to the land acquired after
the date of publication of the notification under section 3 by or in
consequence of the use to which it will be put ;
(c) any outlay or improvement on the land acquired, commenced, made
or effected after the date of publication of the notification referred
to in clause (b) unless they are covered by a permission obtained
under section 5.
11. Power of Government to make rules. ––(1) The Government may
make rules consistent with this Act either generally or for any particular area to
carry out the purposes of this Act and to delegate any of their powers under
this Act to authorities subordinate to them and such rules may be incorporated
in any scheme by a reference thereto in the scheme subject to any modifications
that may be set out in the scheme.
(2) In making any rule, the Government may provide that a breach thereof
shall be punishable with fine which may extend to one thousand rupees.
1[11-A. Sanction of prosecution.–– No prosecution for any offence
punishable under this Act shall be instituted except with the previous
sanction of the Government.
11-B. Protection of action taken in good faith.–– No suit, prosecution or
other legal proceeding shall lie against any person for anything which is in good
faith done or intended to be done under this Act or any rule made thereunder.]
12. Validity of action taken by the Government or by officers or
authorities under the order of the Government in making improvements
of towns of  Anantnag, Shopian and Baramulla. ––(1) Notwithstanding
anything contained  in this Act or in any other law for the time being in force,
any acquisition, re-adjustment or re-allotment of land made, possession of
land given, action taken, order issued, notifications published and powers
conferred by the Government or by any officer or authority authorised by the
Government in making improvement of the towns of Anantnag, Shopian and
Baramulla consequent upon the devastation of a portion of the town of
Anantnag by fire in Samvat years 2009 and 2010, the town of Shopian by fire in
Samvat year 2009 and Mohalla Khanpura in Baramulla by fire in Samvat year
2011, with respect to land and immovable property affected by fire and pertaining
to persons whose immovable property was affected by fire shall be deemed to
have been made, given, taken, issued, published and conferred under this Act
1. Sections 11-A and 11-B inserted by Act XI of 1968.
358 NA TURAL CALAMITIES DESTROYED AREAS IMPROVEMENT ACT
and become final and shall not be open to question in any Civil, Criminal or
Revenue Court and no suit, prosecution or other legal proceeding shall lie
against any person or authority for anything which is in good faith done or
intended to be done as aforesaid.
(2) No suit or other legal proceeding shall lie against the Government for any
damage caused or likely to be caused by anything which is in good faith done or
intended to be done for the improvement of the town of Anantnag destroyed by
fire in Samvat years 2009 and 2010, the town of Shopian devastated by fire in
Samvat year 2009 or Mohalla Khanpura of Baramulla devastated by fire in Samvat
year 2011.
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