Compensation to inamdars for extinguishment of rights under section 7.

§10

Summary

(1) Any inamdar having any right or interest in any property referred to in section 7 shall be entitled to compensation in the manner provided in the following paragraphs, namely :- (a) within a period of twelve months from the appointed date, the inamdar shall apply in writing to the Collector stating the nature of his right or interest, the grounds of his claim and the amount of compensation claimed by him for the extinguishment of his right or interest ; (b) the Collector shall hold a formal inquiry in the manner provided in the code and if the Collector is satisfied that the applicant had any right or interest in the property and that such right or interest has been extinguished under section 7, he shall make an award in the manner prescribed in section 11 of the Land Acquisition Act, 1894 (I of 1894), subject to the following conditions, namely :- (i) if the property in question is waste or uncultivated but is culturable land the amount of compensation shall not exceed three times the assessment of the land : Provided that if the land has not been assessed the amount of compensation shall not exceed such amount of assessment as would be leviable in the same village on the same extent of similar land used for the same purpose ; (ii) if the property in question is land over which the public has been enjoying or 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 leviable in the village for uncultivated land in accordance with the rules made under the Code or if such rules do not provide for the levy of such assessment such amount as in the opinion of the Collector shall be the market value of the right or interest held by the claimant ; (iii) 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. Explanation.- for the purposes of this section the "market value" shall mean the value as estimated in accordance with the provisions of sub-section (1) 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. (2) Every award made under sub-section (1) shall be in the form prescribed in section 26 of the Land Acquisition Act, 1894 (I of 1894), and the provisions of the said Act shall, so far as may be, apply to the making of such award.

(1) Any inamdar having any right or interest in any property referred to in section 7 shall be entitled to compensation in the manner provided in the following paragraphs, namely :- (a) within a period of twelve months from the appointed date, the inamdar shall apply in writing to the Collector stating the nature of his right or interest, the grounds of his claim and the amount of compensation claimed by him for the extinguishment of his right or interest ; (b) the Collector shall hold a formal inquiry in the manner provided in the code and if the Collector is satisfied that the applicant had any right or interest in the property and that such right or interest has been extinguished under section 7, he shall make an award in the manner prescribed in section 11 of the Land Acquisition Act, 1894 (I of 1894), subject to the following conditions, namely :- (i) if the property in question is waste or uncultivated but is culturable land the amount of compensation shall not exceed three times the assessment of the land : Provided that if the land has not been assessed the amount of compensation shall not exceed such amount of assessment as would be leviable in the same village on the same extent of similar land used for the same purpose ; (ii) if the property in question is land over which the public has been enjoying or 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 leviable in the village for uncultivated land in accordance with the rules made under the Code or if such rules do not provide for the levy of such assessment such amount as in the opinion of the Collector shall be the market value of the right or interest held by the claimant ; (iii) 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. Explanation.- for the purposes of this section the "market value" shall mean the value as estimated in accordance with the provisions of sub-section (1) 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. (2) Every award made under sub-section (1) shall be in the form prescribed in section 26 of the Land Acquisition Act, 1894 (I of 1894), and the provisions of the said Act shall, so far as may be, apply to the making of such award.

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