Compensation to Mehwassi in respect of property vesting in Government under section 9.

§10

Summary

If any Mehwassi proves to the satisfaction of the Collector that he had immediately before the appointed day any right or interest in any property referred to in section 9, he shall be entitled to compensation as follows:- (a) If the property in question is waste land, or uncultivated but cultivable 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 ; (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 an easement, and such right of way or assessment subsists immediately before the appointed day the amount of compensation shall not exceed 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 the compensation shall be the market value of the right or interest held by the claimant; (c) If there be any trees or structures on the land, the compensation shall be the market value of such trees or structures, as the case may be. Explanation.- For the purpose of this section “market value” shall mean 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.

If any Mehwassi proves to the satisfaction of the Collector that he had immediately before the appointed day any right or interest in any property referred to in section 9, he shall be entitled to compensation as follows:- (a) If the property in question is waste land, or uncultivated but cultivable 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 ; (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 an easement, and such right of way or assessment subsists immediately before the appointed day the amount of compensation shall not exceed 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 the compensation shall be the market value of the right or interest held by the claimant; (c) If there be any trees or structures on the land, the compensation shall be the market value of such trees or structures, as the case may be. Explanation.- For the purpose of this section “market value” shall mean 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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