28. (1) In the case of a person who claims to have a right under any contract with, or grant made by, the landlord before the issue of a notification under Section 17 to cut, collect or remove any forest produce in or from, or to pasture cattle in, an area notified under subsection (3) of Section 18 or any part thereof, and who claims compensation for the loss or modification of such right, the Forest Settlement Officer shall determine the amount which should, in his opinion, be awarded as compensation to such claimant, and, subject to the provisions of sub-section (3) shall direct that the amount, if any, so determined shall be awarded to the claimant.
(2) In determining the amount of compensation to be awarded to such claimant the Forest Settlement Officer shall take into consideration the following and no other matters, namely :-
(a) any payment made by the claimant to the landlord;
(b) whether or not such payment was a reasonable and bona fide payment;
(c) whether or not the exercise by the claimant of his rights under any contract entered into between the claimant and the landlord or under any grant made by the landlord contravened or tended to contravene the provisions of Section 7;
(d) any expense reasonably incurred by the claimant in order to cut, collect or remove trees, timber or other forest produce; and
(e) the value of the trees, timber or other forest produce cut, collected or removed by, or with the permission of the claimant.
(3) Instead of directing the award of compensation in cash, the Forest Settlement Officer may direct that the claimant shall be permitted to cut, collect and remove from the said area such quantity of timber or other forest produce as shall not exceed in value the amount determined by the Forest Settlement Officer under sub-section (1).
(4) The claimant shall not cut, collect or remove any timber or other forest produce except in such manner and at such times and in such parts of the said area as may be specified in rules or in instructions issued by the Forest Officer.
(5) The Forest Officer shall decide when the claimant has cut, collected and removed trees, timber or other forest produce to the Aggregate value mentioned in sub-section (3) and the decision of the Forest Officer shall, subject to any order that may be passed in revision by the Conservator of Forest, Working Plans Circle, be final.