Payment of compensation

(1) As soon as may be after the date of taking possession of the land, the Soil and Water Conservation Officer shall make inquiry and determine the compensation payable for every year or part of the year during which the land remains under such temporary possession and also the person entitled thereto. (2) For the purpose of determining and the persons entitled thereto, the Soil and Water Conservation Officer shall issue a general notice in the prescribed form and manner requiring persons concerned to file their claims in the prescribed manner by the date fixed inthe notice, provided that the Soil and Water Conservation Officer may, for the reasons to be recorded, extend such date. (3) The Soil and Water Conservation Officer shall also fix a date for hearing of the claims and shall on that date or in case of the hearing adjourned to any other date on such other date, hear in person and receive the evidence that may be produced by a claimant and also may take such other evidence as he considers necessary. (4) For the purpose of determining the compensation and the persons entitled thereto the Soil and Water Conservation Officer shall have the same powers as are vested in the court under the Code of Civil Procedure, 1908 in respect of the following matters namely :— (a) enforcing attendance of any person and examining a person on oath or affirmation ; (b) issuing commission for examination of any witness or for local investigation ; (e) compelling production of any document ; (5) In determining the compensation, regard shall be had to :— (a) the average net annual income from the land derived during the three years immediately preceding the date, temporary possession and in the case of land having no such income, the average net annual incorne, if any, from similar land in the locality derived during that period ; (b) the damage, if any sustained, by the person as a result of dispossession ; (c) the damage, if any caused or likely to be caused to the land ; and (d) such other factors as may appear to the Soil and Water Conservation Officer to be relevant for the purpose of such determination. (6) Any person aggrieved by a determination made under sub-section (1) may, within thirty days from the date of such determination, file an appeal before the Deputy Commissioner or the Additional Deputy Commissioner who may pass such orders thereon as he deems fit. (7) Against the decision of the Deputy Commission or the Additional Deputy Commissioner, the appeal shall lie to the Commissioner and finally to the Government, within the thirty days from the date of such determination or decision.