Determination of damages, compensation, etc.

The Daman and Diu Municipalities Regulation 1994

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Statutory text

(1) Save as otherwise expressly provided in this Regulation, if an agreement is not arrived at with respect to any compensation or damages which are by this Regulation directed to be paid, the amount, and if necessary, the apportionment of the same, shall be ascertained and determined by the Council. (2) Any person who is aggrieved by the amount of compensation or damages determined by the Council or the apportionment of such compensation or damages, may within one month from the date of receipt by him of an intimation about the compensation or damages or the apportionment thereof determined by the Council, appeal to the District Court against the determination made by the Council. (3) Any person who is aggrieved by the failure of the Council to determine the amount of compensation or damages or the apportionment thereof, may give to the council a notice stating the circumstances of the case and requesting the Council to determine the amount of compensation or damages or the apportionment thereof. If the Council fails so to determine the amount of compensation or damages or the apportionment thereof within a period of one month from the receipt by it of the notice aforesaid, such person may apply to District Court to determine the amount of compensation or damages or the apportionment thereof. (4) In cases in which the compensation is claimed in respect of land, the District Court in deciding any appeal or application under sub-section (2) or (3) shall follow, as far as may be, the procedure providing by the Land Acquisition Act, 1894, for proceedings in matters referred for the determination of the Court: Provided that - (a) no application to the Collector for a reference shall be necessary; and (b) the Court shall have full power to give and apportion the costs of all proceedings in any manner it thinks fit. (5) In any case where the compensation is claimed in respect of any land or building, the Council may, after the award has been made by the Council or the District Court as the case may be, take possession of the land or building, after paying the amount of compensation determined by the Council or the District Court to the party to whom such compensation may be payable. If such party refuses to accept such compensation, or if there is no person competent

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