Himachal Pradesh Land Preservation Act
Chapter IV INQUIRY INTO CLAIMS AND AWARDS OF COMPENSATION
Chapter IV INQUIRY INTO CLAIMS AND AWARDS OF COMPENSATION
11. Inquiries into claims and awards thereupon.
(1) The Deputy Commissioner shall- (a) fix a date for inquiring into all claims made under section 8 and may in his discretion, from time to time, adjourn the inquiry to a date to be fixed by him; (b) record in writing all statements made under section 8; (c) inquire into all claims duly preferred under section 8; and (d) make and award upon such claim, setting out therein the nature and extent of the right claimed, the person or persons making such claim, the extent, if any, to which, and the person or persons in whose favour, the right established, the extent to which it is to be restricted or prohibited and the nature and amount of the compensation, if any, awarded. (2) For the purposes of every such inquiry the Deputy Commissioner may exercise all or any of the powers of a civil court in the trial of suits under the Code of Civil Procedure (5 of 1908). (3) The Deputy Commissioner shall announce his award to such persons interested, or their representatives, as are present and shall record the acceptance of those who accept it. To such as are not present, the Deputy Commissioner shall cause immediate notice of his award to be given.
Chapter IV INQUIRY INTO CLAIMS AND AWARDS OF COMPENSATION
12. Method of awarding compensation and effect of such award.
(1) In determining the amount of compensation the Deputy Commissioner shall be guided, so far as may be, by the provisions of sections 23 and 24 of the Land Acquisition Act, 1894 (1 of 1894), and as to matters which cannot be dealt with under those provisions, by what is just and reasonable in the circumstances of each case. (2) The Deputy Commissioner may, with the sanction of the State Government and the consent of the person entitled, instead of money, award compensation in land or by reduction in revenue or in any other form. (3) If in any case, the exercise of any right is prohibited for a time only, compensation shall be awarded only in respect of the period during which the exercise of such rights is so prohibited.
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