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Section 9: Payments of compensation

The United Provinces Rural Development (Requisitioning of Land) Act, 1948State Act of Uttar Pradesh · Act 27 of 1948

9. (1) Where any land is requisitioned under section 3 there shall be paid to every person interested such compensation as may be agreed upon in writing between such person and the Requisitioning Authority in respect of—

(a) the requisitioning of such land, and

(b) any damage done during the period of requisitioning to such land other than that which may have been sustained by natural causes.

Explanation—For the purposes of this sub-section the deepening of a tank, making of pits for composting village refuse is not damage done to the land.

(2) Where no such agreement can be reached, the Requisitioning Authority shall refer the matter with his recommendation as to the amount of compensation and the reasons therefor to the Compensation Officer and also direct the person claiming compensation to appear before such officer on such date as may be specified and the Compensation Officer shall, on the date fixed in that behalf or on any other date to which the hearing, may be postponed, hear such person and after such further inquiry as he may deem fit, determine the amount of compensation which shall, except as provided in section 12, be final and conclusive.

(3) The Compensation Officer shall in fixing the amount, of compensation have regard to—

(a) the rent, if any, assessed on the land which has been requisitioned ;

(b) the sayar income, if any, derived from such land ;

(c) the value of any trees which as a result of the requisition have to be removed from the land; and

(d) the purpose for which it has been requisitioned and shall also take into consideration the benefit which the use of such land is likely directly or indirectly to confer on any other property owned or occupied by such person. But he shall not take into consideration—

(i) the value of trees, except trees mentioned in clause (c), which may continue to be possessed and enjoyed by the person entitled thereto;

(ii) the value of any crops which may be existing on the land at the time of the requisition and may be removed by him after such time as the Requisitioning Authority may specify in that behalf;

(iii) the value of any right of any person in or over the requisitioned land enjoyment whereof has not been suspended or otherwise prohibited.

(4) The compensation fixed under sub-section (1) determined under sub-section (2) shall be paid in such manner as the parties may agree or as the case may be, the Compensation Officer may direct.

Where this provision sits

ActThe United Provinces Rural Development (Requisitioning of Land) Act, 1948
Section9
Marginal notePayments of compensation
JurisdictionState of Uttar Pradesh
StatusIn force as published by the source

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