JKSE Act 9A

धारा 9A · [ Prohibition of erection or re-erection of buildings without permission. - (1) No person possession or occupying any evacuee property, [x x x] [Inserted by Act XXVII of 1975, Section 3.] whether as an allottee or otherwise, shall erect or re-erect any building thereon without the sanction in writing of the Custodian

(2)

Where any building is erected or re-erected without the sanction referred to in sub-section (1) or in contravention of any condition subject to which such sanction has been granted, such erected or re-erected portion of the building shall be deemed to be the evacuee property under this Act and the person erecting, re-erecting, possessing or occupying the property whether as an allottee or otherwise shall have no right or claim for the ownership of such erected or re-erected portion or any compensation in lieu thereof :Provided that where any person seeks sanction only for repairs of the building, the Custodian shall accord sanction within one month from the date of receipt of the application and if the Custodian fails to accord it within that period, it shall be deemed to have been accorded.Explanation. - In this section-

(a)

"building" means any shop, house, hut, out-house, shed, superstructure and stable whether used for the purpose of human habitation or otherwise and whether of masonry, bricks, wood, metal or any other material whatever and includes a wall and a well;

(b)

"erect or re-erect" any building includes-

(i)any material alteration or enlargement of any building;

(ii)the conversion by structural alteration into a place for human habitation of any building not originally constructed for human habitation;

(iii)the conversion into more than one place for human habitation of a building originally constructed as one such place;

(iv)the conversion of two or more places of human habitation into a greater number of such places.

(v)such alteration of a building as affects an alteration in its drainage or sanitary arrangement or effect its stability;

(vi)the addition of any rooms, buildings, out-houses or other structures to any building;

(vii)reconstruction of a building or a portion thereof by means of props commonly known as "Pand Pand" in Kashmir Valley.]

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