section 8
Compensation
The Madhya Pradesh Bhumigat Pipeline, Cable Evam Duct (Bhumi Ki Upyokta Ke Adhikaron Ka Arjan) Adhiniyam, 2012General201219 sections
Statutory text
8.
- (1) Where in the exercise of the powers conferred by Section 5, Section 6 or Section 9, any damage, loss or injury is sustained to any person interested in the land, the State Government or the corporation, shall be liable to pay compensation to such person for such damage, loss or injury, the amount of which shall be determined by the competent authority in the first instance. While determining such compensation, he shall have due regard to the damage or loss sustained by reason of,
- (i) the removal of trees or standing crops, if any, on the land;
- (ii) the temporary severance of the land under which the underground pipeline, cable and duct has been laid from other lands belonging to, or in the occupation of, such person; or
- (iii) any injury, to any other property, whether movable or immovable, or the earnings of such person caused in any other manner.
- (2) Where the right of user of any land has vested in the State Government or the corporation, the State Government or the corporation, as the case may be, shall be liable to pay, in addition to the compensation under sub-section (1), if any, compensation calculated at prescribed percentage of the market value of that land on the date of publication of the declaration under sub-section
- (1) of Section 4. Explanation., For the purpose of this sub-section "market value" means the value of land assessed according to guidelines issued by the Collector under the Madhya Pradesh Bazar Mulya Margdarshak Shiddhanton Ka Banaya Jana Tatha Unka Punirikshan Niyam, 2000 made under the Indian Stamp Act, 1899 (No. 2 of 1899).
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