13. Determination of amount payable for acquisition.—
(1) Where any land, building, street, road
or passage is acquired under this Act, there shall be paid an amount which shall be determined 3[by an
order of the competent authority].
(2) Where the right of user in, or any right in the nature of an easement on, any land, building, street,
road or passage is acquired under this Act, there shall be paid an amount to the owner and any other
person whose right of enjoyment in that land, building, street, road or passage has been affected in any
manner whatsoever by reason of such acquisition an amount calculated at ten per cent. of the amount
determined under sub-section
(1) for that land, building, street, road or passage.
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[(2A) Before proceeding to determine the amount under sub-section
(1) or sub-section
(2), the
competent authority shall give a public notice published in the prescribed manner inviting claims from all
persons interested in the land, building, street, road or passage, or the right of user or the right in the
nature of easement therein to be acquired.
1. Proviso added by Act 42 of 1987, s. 2 (w.e.f. 9-12-1987).
2. Subs. by Act 41 of 1982, s. 5, for certain words, brackets and figures (w.e.f. 15-5-1983).
3. Subs. by s. 6, ibid., for “by the competent authority” (w.e.f. 15-5-1983).
4. Ins. by s. 6, ibid. (w.e.f. 15-5-1983).
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(2B) Such notice shall state the particulars of the land, building, street, road or passage acquired, or
the right of user or the right in the nature of easement therein acquired and shall require all persons
interested in such land, building, street, road or passage or right of user or right in the nature of easement
therein, to appear in person, or by an agent or by a legal practitioner referred to in sub-section
(2) of
section 9, before the competent authority, at a time and place therein mentioned (such time not being
earlier than fifteen days after the date of the publication of the notice) and to state the nature of their
respective interests in such land, building, street, road or passage or right of user or right in the nature of
easement therein.]
(3) If the amount determined by the competent authority under sub-section
(1) or sub-section
(2) is
not acceptable to either of the parties the amount shall, 1[on an appeal preferred by either of the parties to
the appellate authority, within a period of sixty days from the date of the order appealed against, be
determined by an order of the appellate authority].
(4) The competent authority or the 2[appellate authority] while determining the amount under
sub-section
(1) or sub-section
(3), as the case may be, shall take into consideration—
(a) the market value of the land, building, street, road or passage on the date of publication of the
notification under section 7;
(b) the damage, if any, sustained by the person interested at the time of taking possession of the
land, by reason of the severing of such land from other land;
(c) the damage, if any, sustained by the person interested at the time of taking possession of the
land, building, street, road or passage by reason of the acquisition injuriously affecting his other
immovable property in any other manner, or his earnings;
(d) if, in consequence of the acquisition of the land, building, street, road or passage, the person
interested is compelled to change his residence or place of business, the reasonable expenses, if any,
incidental to such change.
