Chapter V PRINCIPLES OF COMPENSATION

Any owner or occupier of land who has sustained any loss or damage or any diminution of profits from the land by reason of any entry on such land or the exercise of any other power conferred by this Act, shall be paid compensation by the State Government for such loss, damage or diminution of profits.

(1) The market value of any property which the State Government is empowered to purchase at such value under this Act, or the compensation to be paid by the State Government in respect of anything done under this Act shall, where any dispute arises in respect of such market value or compensation, be ascertained in the manner provided in sections 3, 5, 8 to 34. 45 to 47, 51 and 52 of the Land Acquisition Act, so far as they can be made applicable :

Provided that, when making an enquiry under the said Land Acquisition Act, the Collector shall be assisted by two assessors, one of whom shall be a competent person nominated by the State Government and one a person nominated by the owner or, in case the owner fails to nominate an assessor within such reasonable time as may be fixed by the Collector in this behalf, by the Collector.

(2) Notwithstanding anything contained in sub-section (1) or in the Land Acquisition Act, in determining the market value of any antiquity in respect of which an order for compulsory purchase is made under sub-section (1) of section 24 any increase in the value of the antiquity by reason of its being of historical or archaeological importance shall not be taken into consideration.

(1) No person shall be entitled to compensation under sub-section (6) of section 17 unless within three months from the date on which the notification issued under sub-section (1) of that section comes into force, or within such further time as the State Government may in special circumstances allow, he makes a claim for the purpose in such manner as may be prescribed by the State Government.

(2) A person shall not be entitled to compensation by reason of the fact that any act or thing done or caused to be done by him has been rendered abortive by the notification referred to in sub-section (1) if, or so far as, the act or thing was done after the date on which the notification was issued, or by reason of the fact that the performance of any contract made by him after that date is prohibited on account of the notification.

(3) Where any provision of such notification was immediately before the notification came into force already in force by virtue of any other enactment no compensation shall be payable by reason of any property being injuriously affected by that provision if compensation therefor has been paid or could have been claimed, or was not payable, under the provision before its inclusion in the notification.

(4) Where any provision of such notification could, immediately before it came into force, have been validly included in a scheme, order, regulation or by-law by virtue of any other enactment, then—

(a) if no compensation would have been payable by reason of the inclusion of that provision in that scheme, order, regulation or by-law, no compensation shall be payable in respect of that provision of the notification; and

(b) if compensation would have been so payable, the compensation payable in respect of that provision of the notification shall not be greater than the compensation which would have been so payable.

(5) Any dispute as to the amount of the sum which is to be paid as compensation under sub-section (6) of section 17 shall be determined in accordance with the provisions of section 26.