(1) Any person interested who has not accepted the award may, by written application to the Collector, require that the mailer be referred by the Collector for the determination of the Court, whether his objection be to the measurement of the land, the amount of the compensation, the persons to whom it is payable, or the apportionment of the compensation among the persons interested:
Provided that every such application shall be made,-
(a) If the person making it was present or represented before the Collector at the time when he made his award, within six weeks from the date of the Collector's award;
(b) In other cases, within six weeks of the receipt of the notice from the Collector under section 13; sub-section (2) or within six months from the date of the Collector's award, whichever period shall first expire.
(2) The application shall state the grounds on which objection to the award is taken.
(1) In making the reference the Collector shall state, for the information of the Court, in writing under his hand-
(a) The situation and extent of the land with particulars of any damage caused under section 6 or of restrictions imposed under section 7;
(b) The names of the persons whom he has reason to think interested in such land;
(c) The amount of compensation awarded under section 12; and
(d) If the objection be to the amount of the compensation, the grounds on which the amount of compensation was determined.
(2) To the said statement shall be attached a schedule giving the particulars of the notices served upon and of the statements in writing made or delivered by, the parties interested respectively.
The Court shall thereupon cause a notice specifying the day on which the Court will proceed to determine the objection, and directing their appearance before the Court on that day, to be served on the following persons namely :-
(a) The applicant;
(b) All persons interested in the objection, except such (if any) of them as have consented without protest to receive payment of the compensation awarded; and
(c) If the objection is in regard to the area of the land, the nature of the obstructions or the amount of the compensation, the Collector.
The scope of the inquiry in every such proceeding shall be restricted to a consideration of the interests of the persons affected by the objection.
Every such proceeding shall take place in open Court, and all persons entitled to practise in any Civil Court in the1*[State] shall be entitled to appear, plead and act, as the case may be, in such proceeding.
(1) In determining the amount of compensation to be awarded for damage caused, or to be caused, or for restrictions imposed under this Act, the Court shall take into consideration-
(a) The actual decrease in market value of the land owing to the publication of the declaration relating thereto under section 3 and any damage caused or to be caused under section 6;
(b) The damage sustained by the person interested, by reason of the removal of any standing crops in the exercise of any power conferred by section 6;
(c) The damage (if any) sustained by the person interested, by reason of ceasing to be able to use such land conjointly with his other land;
(d) The damage (if any) sustained by the person interested, by anything done or ordered under sections 6 and 7 injuriously affecting his other property, movable or immovable, in any other manner, or his earnings; and
(e) If, in consequence of the imposition of restrictions, the person interested is compelled to change his residence or place of business, the reasonable expenses (if any) incidental to such change.
(2) In addition to the amount representing the actual decrease in the market-value of the land as above provided, the Court shall in every case award a further sum of fifteen per centum on such amount.
In determining the amount of compensation to be awarded for damage caused, or to be caused, or for restrictions imposed under this Act, the Court shall not take into consideration-
(a) The degree of urgency which has led to the damage or the imposition of restrictions;
(b) Any disinclination of the person interested to submit to damage or restrictions;
(c) Any damage sustained by him, which, if caused by a private person, would not render such person liable to a suit;
(d) Any increase to the value of the other land of the person interested, accruing or likely to accrue from anything done under this Act; or
(e) Any outlay or improvements on, or disposal of, the land commenced, made or effected without the sanction of the Collector after the date of the publication of the declaration under section 3.
(1) When the applicant has made a claim to compensation, pursuant to any notice given under section 9, the amount awarded to him by the Court shall not exceed the amount so claimed or be less than the amount awarded, by the Collector under section 12.
(2) When the applicant has refused to make such claim or has omitted without sufficient reason (to be allowed by the Judge) to make such claim, the amount awarded by the Court shall in no case exceed the amount awarded by the Collector.
(3) When the applicant has omitted for a sufficient reason (to be allowed by the Judge) to make such claim, the amount awarded to him by the Court shall not be less than, and may exceed, the amount awarded by the Collector.
Every award under this Part shall be in writing signed by the Judge, and shall specify the amount awarded under section 23, sub-section (1), clause (a), and also the amounts (if any) respectively a warded under each of the other clauses of the same sub-section, together with the grounds of awarding each of the said amounts.
(1) Every such award shall also state the amount of costs incurred in the proceedings under this Pan, and by what persons and in what proportion they are to be paid.
(2) When the award of the Collector is not upheld, the costs shall ordinarily be paid by the Collector, unless the Court is of opinion that the claim of the applicant was so extravagant or that he was so negligent in putting his case before the Collector that some deduction from his costs should be made or that he should pay a part of the Collector's costs.
If the sum which, in the opinion of the Court, the Collector ought to have awarded as compensation is in excess of the sum which the Collector did award as compensation, the Court may direct that the Collector shall pay interest on such excess at the rate of six per centum per annum from the date of his award to the date of payment of such excess into Court.
This web site is designed for general information only. The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship. Persons accessing this site are encouraged to seek independent counsel for advice in India abroad regarding their individual legal, civil criminal issues or consult one of the experts online.