(1) On the determination of compensation by agreement under section 27 or No compensation for unauthorized erection.
No compensation for removal of encroachment. Reference against award of Highway Authority or authorized officer under section 28.
1 of 1894 Procedure and powers of the authorities empowered to decide references under sections 35 and 44.
V of 1908.
Commissioner of Police or District Superintedent of Police to enforce, surrender or remove any encroachment.
Decisions of authorities under section 35 and 44 to be enforced as decrees of civil court.
Payment of compensation awarded.
(2) on the making of an award under section 28, or
(3) if a reference is made under section 35 against such award, after the decision of the Authority under that section, the Highway Authority shall make the payment of the compensation awarded to the person entitled thereto in accordance with the agreement, its award or the decision of the Authority empowered to decide references under section 35, as the case may be. The provisions of section 31 to 34 (both inclusive) of the Land Acquisition Act, 1894 shall, mutatis mutandis, apply to such payment.
40. All payments due to be made to any person by way of compensation by the Highway Authority under this Act shall, as far as possible, be made by adjustment in such person‟s account regarding betterment charges, if any, due from such person under Chapter VI.
CHAPTER VI Levy of Betterment Charges.
41. Where any work which the Highway Authority is empowered to undertake by or under the provisions of this Act is undertaken the officer authorized and by the State Government in this behalf shall give notice to the persons known, or believed to be the owners of or interested in the lands benefited by such work requiring them to appear before him either personally or by an agent at a time and place therein mentioned (such time not being earlier than 30 days from the date of notice) to state their objections, if any, to the imposition and recovery of betterment charges on such lands :
Provided that no such notice shall be given unless the Collector with the previous sanction of the State Government has declared that the value of such lands is likely to increase or has increased by reason of the construction of such work.
42. On the date fixed under section 41 or on such other date to which the inquiry may be adjourned, the officer authorized under section 41 shall, after holding a formal inquiry and after hearing the objections, if any, stated by the persons as required by notice under section 41, make an order. The order shall specify,-
(a) the lands benefited by the construction of the work,
(b) the increase in the value of such lands by the proposed construction,
(c) the amount of the betterment charges leviable on each of the said lands,
(d) the date from which such betterment charges shall be leviable :
Provided that no betterment charges shall be leviable in respect of any land-
(a) which is unsuitable for development as a building site, or
(b) which is situate beyond a distance of one furlong from the middle of the high-way on either side.
43. The increase in value on account of the construction of such work shall be the amount by which the value of the land on the date of the completion of the proposed work is likely to exceed or has exceeded the value of the land on the date of the commencement of the said work and the betterment charges shall be one-half of such increase in value.
1 of 1894 Payment by adjustment.
Notice to owners and persons interested.
Inquiry and order.
Increase in value and betterment charges.
Explanation.-For the purposes of this section, the State Government shall, by notification in the Official Gazette, specify-
(a) the date of commencement of the construction of any work,
(b) the date of completion of such work.