Determination of compensation and apportionment thereof.

§25

Summary

(1) On the day fixed under section 24, or any other day to which the enquiry is adjourned, the Collector shall enquire into all claims made for compensation and shall make an award determining,- (a) the amount of compensation payable in accordance with the provisions of section 23, (b) subject to the provisions of sub-sections (2) and (3), the apportionment of the compensation among the persons known or believed to be interested in the land in respect of whom or of whose claims, he has information, whether or not they have appeared before him. (2) (a), In the case of land held by a tenant, compensation therefor shall be apportioned between the tenant and landlord as follows :- 1[(i) where the tenancy is not terminable on the expiration of the period for which it was granted or by reason of usage, under the relevant tenancy law, compensation equal to three times the assessment leviable on the land shall be payable to the tenant, and the balance to the landlord ; (ii) in any other case, the compensation payable to the tenant shall- A. where the unexpired period of the lease does not exceed five years, be an amount equal to six times the assessment leviable on the land; B. where the unexpired period of the lease exceeds five years but does not exceed ten years, be an amount equal to nine times the assessment leviable on the land; C. where the unexpired period of the lease exceeds ten years but does not exceed twenty years, be an amount equal to twelve times the assessment leviable on the land; D. where the unexpired period of the lease exceeds twenty years, be an amount equal to fifteen times the assessment leviable on the land; and the balance shall in each case be payable to the landlord.] 2[Explanation.- In considering the apportionment of compensation between landlord and tenant, the compensation referred to in clause (f) of section 23 and the value of structures, wells and embankments constructed and permanent fixture made by the tenant shall be disregarded. (b) Subject to the provisions of sub-section (3) encumbrances for which the landlord is liable, shall be paid out of the amount of compensation payable to the landlord; and those for which the tenant is liable shall be paid out of the amount of compensation payable to the tenant. (3) The apportionment of compensation amongst persons claiming encumbrances shall be determined in the following manner, that is to say- (a) if the total value of encumbrances of the land is less than the amount of compensation payable in respect of that land, the value of the encumbrances shall be paid to the holders thereof in full; (b) if the total value of encumbrances on the land exceeds the amount of compensation payable in respect of the land, the amount of compensation shall be distributed amongst the holders of encumbrances in the order of priority. (4) No award allowing compensation shall be made,- (a) if the compensation exceeds twenty-five thousand rupees but does not exceed fifty thousand rupees, without the previous approval of the Commissioner, and ; (b) if the compensation exceeds, fifty thousand rupees, without the previous approval of the State Government. (5) The award of the Collector, subject to an appeal to the Maharashtra Revenue Tribunal under section 33, and the decision of that Tribunal in appeal, shall be final and conclusive, and shall not be questioned in any suit or proceeding in any court.

(1) On the day fixed under section 24, or any other day to which the enquiry is adjourned, the Collector shall enquire into all claims made for compensation and shall make an award determining,- (a) the amount of compensation payable in accordance with the provisions of section 23, (b) subject to the provisions of sub-sections (2) and (3), the apportionment of the compensation among the persons known or believed to be interested in the land in respect of whom or of whose claims, he has information, whether or not they have appeared before him. (2) (a), In the case of land held by a tenant, compensation therefor shall be apportioned between the tenant and landlord as follows :- 1[(i) where the tenancy is not terminable on the expiration of the period for which it was granted or by reason of usage, under the relevant tenancy law, compensation equal to three times the assessment leviable on the land shall be payable to the tenant, and the balance to the landlord ; (ii) in any other case, the compensation payable to the tenant shall- A. where the unexpired period of the lease does not exceed five years, be an amount equal to six times the assessment leviable on the land; B. where the unexpired period of the lease exceeds five years but does not exceed ten years, be an amount equal to nine times the assessment leviable on the land; C. where the unexpired period of the lease exceeds ten years but does not exceed twenty years, be an amount equal to twelve times the assessment leviable on the land; D. where the unexpired period of the lease exceeds twenty years, be an amount equal to fifteen times the assessment leviable on the land; and the balance shall in each case be payable to the landlord.] 2[Explanation.- In considering the apportionment of compensation between landlord and tenant, the compensation referred to in clause (f) of section 23 and the value of structures, wells and embankments constructed and permanent fixture made by the tenant shall be disregarded. (b) Subject to the provisions of sub-section (3) encumbrances for which the landlord is liable, shall be paid out of the amount of compensation payable to the landlord; and those for which the tenant is liable shall be paid out of the amount of compensation payable to the tenant. (3) The apportionment of compensation amongst persons claiming encumbrances shall be determined in the following manner, that is to say- (a) if the total value of encumbrances of the land is less than the amount of compensation payable in respect of that land, the value of the encumbrances shall be paid to the holders thereof in full; (b) if the total value of encumbrances on the land exceeds the amount of compensation payable in respect of the land, the amount of compensation shall be distributed amongst the holders of encumbrances in the order of priority. (4) No award allowing compensation shall be made,- (a) if the compensation exceeds twenty-five thousand rupees but does not exceed fifty thousand rupees, without the previous approval of the Commissioner, and ; (b) if the compensation exceeds, fifty thousand rupees, without the previous approval of the State Government. (5) The award of the Collector, subject to an appeal to the Maharashtra Revenue Tribunal under section 33, and the decision of that Tribunal in appeal, shall be final and conclusive, and shall not be questioned in any suit or proceeding in any court.

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