Compensation for period of possession

§16

Summary

(1) As soon as may be after the date of taking possession of the land, the Collector shall make an inquiry and determine the compensation payable for every year or part of the year during which the land remains under such temporary possession and also the person entitled thereto. (2) For the purpose of determining compensation and the person entitled there to, the Collector shall issue a general notice in the prescribed form and manner requiring persons concerned to file their claims in the prescribed manner by the date fixed in the notice. Provided that the Collector may, for reasons to be recorded, extend such date. (3) The collector shall also fix a date for hearing of the claims and shall on that date, or in case of the hearing being adjourned to any other date on such other date, hear all the evidence that may be produced by a claimant and he may take such other evidence as he considers necessary. (4) For the purpose of determining the compensation and the persons entitled thereto, the collector shall have the same powers as are vested in a court under the code of Civil Procedure, 1908 in respect of the following matters namely- (a) enforcing attendance of any person and examining a person on oath or affirmation ; (b) issuing commission for examination of any witness or for local investigation ; (c) compelling production of any document ; (d) passing such interim orders as may be necessary in the ends of justice. (5) In determining the compensation regard shall be had to (a) the average net annual income from the land derived during the three years immediately preceding the date of temporary possession being taken and in the case of land having no such income, the average net annual income, if any, from similar land in the locality derived during that period ; (b) the damage, if any, sustained by the person as a result of dispossession ; (c) the damage, if any, caused or likely to be caused to the land ; and (d) such other factors as may appear to the Collector to be relevant for the purposes of such determination. (6) Any person aggrieved by a determination made under subsection (1) may, within thirty days from the date of such determination, file an appeal before the Commissioner, who may pass such orders thereon as he deems fit. (7) The Commissioner may entertain an appeal after the expiry of the said period of thirty days, if he is satisfied that there was sufficient cause for not preferring the appeal within that period. (8) The compensation so determined shall be paid in cash in yearly installments to the person found entitled thereto under this section and such payment shall be a final and full discharge of the State Government and its officers from all liability to pay compensation for the period covered by the payment, but shall not prejudice the right of any other person to compensation which he may be entitled by due process of law to enforce against the person to whom payment has been made under this Act.

(1) As soon as may be after the date of taking possession of the land, the Collector shall make an inquiry and determine the compensation payable for every year or part of the year during which the land remains under such temporary possession and also the person entitled thereto. (2) For the purpose of determining compensation and the person entitled there to, the Collector shall issue a general notice in the prescribed form and manner requiring persons concerned to file their claims in the prescribed manner by the date fixed in the notice. Provided that the Collector may, for reasons to be recorded, extend such date. (3) The collector shall also fix a date for hearing of the claims and shall on that date, or in case of the hearing being adjourned to any other date on such other date, hear all the evidence that may be produced by a claimant and he may take such other evidence as he considers necessary. (4) For the purpose of determining the compensation and the persons entitled thereto, the collector shall have the same powers as are vested in a court under the code of Civil Procedure, 1908 in respect of the following matters namely- (a) enforcing attendance of any person and examining a person on oath or affirmation ; (b) issuing commission for examination of any witness or for local investigation ; (c) compelling production of any document ; (d) passing such interim orders as may be necessary in the ends of justice. (5) In determining the compensation regard shall be had to (a) the average net annual income from the land derived during the three years immediately preceding the date of temporary possession being taken and in the case of land having no such income, the average net annual income, if any, from similar land in the locality derived during that period ; (b) the damage, if any, sustained by the person as a result of dispossession ; (c) the damage, if any, caused or likely to be caused to the land ; and (d) such other factors as may appear to the Collector to be relevant for the purposes of such determination. (6) Any person aggrieved by a determination made under subsection (1) may, within thirty days from the date of such determination, file an appeal before the Commissioner, who may pass such orders thereon as he deems fit. (7) The Commissioner may entertain an appeal after the expiry of the said period of thirty days, if he is satisfied that there was sufficient cause for not preferring the appeal within that period. (8) The compensation so determined shall be paid in cash in yearly installments to the person found entitled thereto under this section and such payment shall be a final and full discharge of the State Government and its officers from all liability to pay compensation for the period covered by the payment, but shall not prejudice the right of any other person to compensation which he may be entitled by due process of law to enforce against the person to whom payment has been made under this Act.

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