section 8
Amount payable for requisition.
The Sikkim Land (Requisition and Acquisition) Act, 1977(1) Where any land is requisitioned under section 3, there shall be paid to the person interested in respect of the requisitioning of the land an amount, if any, as may be fixed by agreement between the Collector and the person interested and approved by the State Government in the manner prescribed and the Collector shall make an award ordering payment of such amount; (2) Where the Collector and the person interested do not agree as to the amount or where the agreement arrived at by and between them is not approved by the State Government or where the person interested cannot be traced or does not appear before the Collector when called upon to be present for the purpose of the determination of the amount, the amount payable for the requisitioning of the land shall consist of- (a) a recurring payment, in respect of the period of requisition, of a sum which would have been payable for the use and occupation of the land, if it had been taken on lease for that period; and (b) such sum or sums, if any, as may be found necessary to compensate the person interested for all or any of the following:- (i) pecuniary loss due to requisitioning; (ii) expenses on account of vacating the requisitioned land; (iii) expenses on account of reoccupying the land upon release from requisition, and (iv) damage (other than normal wear and tear or due to natural causes) caused to the land during the period of requisition, including the expenses that may have to be incurred for restoring the land to the condition in which it was at the time of requisition; and the Collector shall make an award ordering payment of the amount so determined and shall give in the prescribed manner immediate notice of his award to the person interested in the land if he is not present personally or by his representative when the award is made.
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