Compensation.

§9

Summary

(1) Where in exercise of the powers conferred under sections 5, 6 or 7, any damage, loss or injury is sustained by any person interested in the land, in respect of which notification under sub-section (1) of section 4 has been issued, the State Government or the Corporation or Urban Local Body shall be liable to pay compensation to such person for such damage, loss or injury, the amount of which shall be determined by the Competent Authority within thirty days of notification under sub-section (1) of section 4. While determining such compensation, it shall have due regard to the damage or loss sustained by reason of- (i) the removal of trees or standing crops, if any, on the land; (ii) the temporary severance of the land under which underground pipelines have been laid or underground ducts have been created, from other lands belonging to, or in the occupation of such person; or (iii) any damage to any other property, whether movable or immovable, of such person, caused in any manner. (2) Where the right of user of any land has vested in the State Government or the Corporation or Urban Local Body, as the case may be, it shall be liable to pay such compensation in addition to compensation payable under sub-section (1) calculated as per rules made by the State Government in this behalf. (3) If the amount of compensation determined in pursuance of the provisions of sub-section (2) is not acceptable to either of the parties, an application may be made by the aggrieved party within thirty days after receipt of communication by the Competent Authority in that regard, to the Land Acquisition, Rehabilitation and Resettlement Authority whose decision in this regard shall be final. (4) Where the land becomes unbuildable by virtue of the right of user vesting in the State Government or Corporation or Urban Local Body, as the case may be, the land may be acquired under the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (30 of 2013).

(1) Where in exercise of the powers conferred under sections 5, 6 or 7, any damage, loss or injury is sustained by any person interested in the land, in respect of which notification under sub-section (1) of section 4 has been issued, the State Government or the Corporation or Urban Local Body shall be liable to pay compensation to such person for such damage, loss or injury, the amount of which shall be determined by the Competent Authority within thirty days of notification under sub-section (1) of section 4. While determining such compensation, it shall have due regard to the damage or loss sustained by reason of- (i) the removal of trees or standing crops, if any, on the land; (ii) the temporary severance of the land under which underground pipelines have been laid or underground ducts have been created, from other lands belonging to, or in the occupation of such person; or (iii) any damage to any other property, whether movable or immovable, of such person, caused in any manner. (2) Where the right of user of any land has vested in the State Government or the Corporation or Urban Local Body, as the case may be, it shall be liable to pay such compensation in addition to compensation payable under sub-section (1) calculated as per rules made by the State Government in this behalf. (3) If the amount of compensation determined in pursuance of the provisions of sub-section (2) is not acceptable to either of the parties, an application may be made by the aggrieved party within thirty days after receipt of communication by the Competent Authority in that regard, to the Land Acquisition, Rehabilitation and Resettlement Authority whose decision in this regard shall be final. (4) Where the land becomes unbuildable by virtue of the right of user vesting in the State Government or Corporation or Urban Local Body, as the case may be, the land may be acquired under the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (30 of 2013).

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