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Section 28

The Gujarat Highways Act. 1955State Act of Gujarat · Act 55 of 1955

(1) In default of any agreement under section 27, the Highway Authority or the officer authorised by the State Government shall, subject to the provisions of this Act, after holding an enquiry, make an award determining-

(a) the true area of the land, if any, acquired,

(b) the amount of compensation to be paid under section 26, Doing minimum damage in certain cases and compensation.

Determination of amount of compensation by agreement.

Determination of amount of compensation in default of agreement.

(c) the apportionment, if any, of such compensation among all persons known or believed to be entitled thereto.

(2) In determining the amount of compensation the matters specified, in sections 23 and 24 of the Land Acquisition Act, 1894, as amended by the Schedule to this Act shall be taken into consideration.

29. No compensation shall be awarded-

(i) if and in so far as the land is subject to substantially similar restrictions in force under some other law which was in force on the date on which the restrictions were imposed by this Act ;

(ii) if compensation in respect of the same restrictions imposed, under this Act or substantially similar restrictions in force under any other law has already been paid in respect of the land to the claimant, or to any predecessor in interest of the claimant.

30. When permission to erect any building has been refused, under section 9 or 10, the amount of compensation shall not exceed the difference between the value of the land as determined by section 23 or 24 of the Land Acquisition Act, 1894, as amende by the Schedule to this Act and the value which it would have had if the permission had been granted. In determining such value any restrictions to which the land is subject under any other law for the time being in force in regard to the right of person claiming compensation to erect a building on the land or otherwise to use, hold or dispose of the same shall be taken into consideration.

31. Where the right of access to a highway has been destroyed as a result of the diversion or closure thereof and an alternative access has been given, the amount of compensation shall in no case exceed the cost of laying a new means of access from the property of the claimant to such alternative route.

Where this provision sits

ActThe Gujarat Highways Act. 1955
Section28
JurisdictionState of Gujarat
StatusIn force as published by the source

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