Compensation to alienees for extinguishment of rights in properties referred to in section 11.

§15

Summary

An alienee having any right or interest in any property referred to in section 11 shall, if he proves to the satisfaction of the Collector that he had any such right or interest, be entitled to compensation in the following manner, namely :- (a) if the property in question is waste or uncultivated but cultivable land or pasture land, the amount of compensation shall not exceed three times the assessment of the land ; (b) if the property in question is land over which the public has been enjoying or has acquired a right of way or any individual has any right of easement, the amount of compensation shall not exceed the amount of the annual assessment of the land ; (c) if there are any trees or structures on the land, the amount of compensation shall be the market value of such trees or structures, as the case may be ; (d) in the case of minerals, the amount of compensation shall be equivalent to the average of the annual income received by the alienee in respect of minerals during the three years immediately preceding the appointed day. Explanation.- For the purpose of this section the market value means the value as estimated in accordance with the provisions of section 23 and section 24 of the Land Acquisition Act, 1894 (I of 1894), in so far as the said provisions may be applicable.

An alienee having any right or interest in any property referred to in section 11 shall, if he proves to the satisfaction of the Collector that he had any such right or interest, be entitled to compensation in the following manner, namely :- (a) if the property in question is waste or uncultivated but cultivable land or pasture land, the amount of compensation shall not exceed three times the assessment of the land ; (b) if the property in question is land over which the public has been enjoying or has acquired a right of way or any individual has any right of easement, the amount of compensation shall not exceed the amount of the annual assessment of the land ; (c) if there are any trees or structures on the land, the amount of compensation shall be the market value of such trees or structures, as the case may be ; (d) in the case of minerals, the amount of compensation shall be equivalent to the average of the annual income received by the alienee in respect of minerals during the three years immediately preceding the appointed day. Explanation.- For the purpose of this section the market value means the value as estimated in accordance with the provisions of section 23 and section 24 of the Land Acquisition Act, 1894 (I of 1894), in so far as the said provisions may be applicable.

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