Act 2013 - Department of Land Resources

SEC.2lTHE CAZEl'TE OF INDIA EXTRAORDINARY2',7(c) ifthe objection is in regard to the area ofthe land or to the amount oftheconlpensation, the Collector.67. The scope of the enquiry in every such proceeding shall be restricted to aconsideration ofthe interest ofthe persons affected by the objection.R€striction onscope ofproc!'edints.68. Every such proceeding shall take place in public. and all persons entitled to practicein any Civil Court in the State shall be entitled to appear, plead and act (as th€ case may be)in such proceeding.69. (/) ln determining the amount ofcompensation to be awarded for land acquiredincluding the Rehabilitation and Resettlement entitlements, the Authority shall take intoconsideration whether the Collector has followed the parameters set out under section 26 tosection 30 and the provisions under Chapter V ofthis Act.Proceedings tobe in public.Determinationof award byAuthority.(2) In addition to the market value ofthe land. as above provided, the Authority shallin every case award an amount calculated at the rate of twelve per cent. per annum on suchmarket value for the period commencing on and from the date of the publication of thepreliminary notification under section I I in respect ofsuch land to the date ofthe award ofthe Collector or the date oftaking possession ofthe land, whichever is earlierErplqnation.- In computing the period referred to in this sub-section, any period orperiods during which the proceedings for the acquisition ofthe land were held up on accountofany stay or injunction by the order ofany Coun shall be excluded.(J) In addition to the market value ofthe land as above provided, the Authority shall inevery case award a solatium ofone hundred per cent. over the total compensation amount.70. (/) Every award under this Chapter shall be in writing signed by the PresidingOlficer ofthe Authority. and shall speciI the amount awarded under clause first ofsection28. and also the amounts (i"?ny) respectively awarded under each ofthe other clauses ofthesame sub-section, together with the grounds ofawarding each ofthe said amounts.Form of5 of 1908(2) Every such award shall be deemed to be a decree and the statement ofthe groundsofevery such award ajudgment within the meaning ofclause (2), and clause (9) ofrespectively,ofsection 2 ofthe Code ofCivil Procedure. 1908 .71. ( /) Every such award shall also state the amount ofcosts incurred in the proceedingunder this Chapter. and by what persons and in what proportions they are to be paid.(?) When the award ofthe Collector is nor upheld, fte cost shall ordinarily be paid bythe Collector. unless the Authority concerned is ofthe opinion that the claim ofthe applicantwas so extravagant or that he was so negligent in putting his case before the Collector thatsome deduction from his costs should be made or that he should pay a pan ofthe Collector'scosls.72. Ifthe surn, which in the opinion ofthe Authority concemed, the Collector ought tohave awarded as compensation is in excess of the sun) which the Collector did award ascompensation, the award ofthe Authority concerned may direct that the Collector shall payinterest on such excess at the rate ofnine per cent. per annum from the date on which he tookpossession of the Iand to the date ofpayment of such excess into Authority:Collector maybe directed topay ilterestcompensation.Provided that the award ofthe Authority concemed rnay also direct that where suchexcess or any pan thereof is paid to the Authority after the date or expiry of a period ofoneyear from the date on which possession is taken, interesr at the rate offifteen per cent. perannum shall be payable from the date ofexpiry ofthe said period ofonc year on lhe amounrofsuch excess or part thereofwhich has not been paid into Authority before the date ofsuchexpiry.