section 268
Determination of compensation in certain cases.
The Karnataka Municipalities Act, 1964Chapter IX POWERS AND OFFENCES
Determination of compensation in certain cases. (1) Save as provided in section 257, if an agreement is not arrived at with respect to the amount of any compensation or damages, which are by this Act directed to be paid, and, if necessary the apportionment of such amount, the amount payable or the apportionment of the same shall be ascertained and determined, in the case of town municipal areas by the Assistant Commissioner in charge of the taluk in which the municipal area is situated and in the absence of such an officer by the Deputy Commissioner and, in the case of city municipal areas; by the Deputy Commissioner: Provided that nothing in this sub-section shall prevent the aggrieved party from seeking redress in a civil court of competent jurisdiction. (2) In any case where the compensation is claimed in respect of any land or of building, the compensation payable shall be determined by the District Court and the procedure provided by the Land Acquisition Act, 1894, for proceedings in matters referred for the determination of the court shall, as far as may be, be followed: Provided that,— (a) no application to the Deputy Commissioner for a reference shall be necessary, and (b) the Court shall have power to give and apportion the costs of all proceedings in any manner it thinks fit. (3) In any case where compensation is claimed in respect of any vacant land or building, the municipal council may, after the award has been made by the District Court take possession of the vacant land or building after paying the compensation determined by 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 any dispute as to the title to the compensation or as to the apportionment of it, the municipal council shall deposit the amount of the compensation in the District Court.
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