Jammu and Kashmir Development Act, 1970

No: 19 Dated: Oct, 31 1970

THE JAMMU AND KASHMIR DEVELOPMENT ACT, 1970

(Act No. XIX of 1970

An Act to provide for the development of the Union territory of Jammu and Kashmir according to plan and for matters ancillary thereto.

Be it enacted by the Jammu and Kashmir State Legislature in the Twenty-first Year of the Republic of India as follows :––

CHAPTER I

PRELIMINARY

1. Short title, extent and commencement. - (1) This Act may be called the Jammu and Kashmir Development Act, 1970.

(2) It extends to the whole of the State.

(3) It shall come into force on such date as the Government may, by notification in the Government Gazette appoint and different dates may be appointed for different parts of the State.

2. Definitions. - In this Act, unless the context otherwise requires,-

(a) "amenity" includes road, street lighting, drainage, sewerage, public works and such other convenience as the Government may, by notification in the Government Gazette, specify to be an amenity for the purposes of this Act;

(b) "building" includes any structure or erection or part of a structure or erection which is intended to be used for residential, industrial, commercial or other purposes, whether in actual use or not;

(c) "building operations" includes re-building operation, structural alterations of or additions to buildings and other operations normally undertaken in connection with the construction of buildings.

(d) "development" with its grammatical variations means the carrying out of building, engineering quarrying or extraction or manufacture of building materials or other operations in, on, over or under land, or "erecting or re-erecting" of any building or land and include re-development;

(e) "Local Area" means any area declared to be a local area under sub-section (1) of section 3;

(f) "engineering operations" includes the formation of laying out of means of access to a road or the laying out of means of water supply or any other amenity ;

(g) "means of access" includes any means of access whether private or public, for foot passengers, and includes a road;

(h) "regulation" means a regulation made under this Act by the Development Authority constituted under section 3;

(i) "rule" means a rule made under this Act 3;

(j) "to erect or re-erect" in relation to 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 ;

(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 any 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 alterations of a building as affect an an alteration of its drainage or sanitary arrangements or materially affect its security ;

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

(vii) the construction in a wall adjoining any street or land not belonging to the owner of the wall, of a door opening on to such street or land ; and

(viii) reconstruction of a building or a portion thereof;

(k) "Zone" means any one of the divisions in which a local area may be divided for the purposes of development under this Act;

(l) the expression "land" and the expression "person interested" shall have the meaning respectively assigned to them in section 3 of the land Acquisition Act, 1990.