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10. Amount of compensation how determined.-

(1) when a claim is transferred for disposal under section 8 or section 9 to an officer exercising the powers of a Collector under the Land Acquisition Act, 1894 (1 of 1894), such officer shall make an award determining the amount of compensation, if any, payable to the claimant.

(2) the amount of compensation awarded under sub-section (1) shall in no case exceed-

(a) the amount that would have been payable if the land had been acquired under section 9; or

(b) the difference between the market value of the land in its existing condition having regard to the restrictions actually imposed upon its use and development by the order refusing permission to erect or re-erect a building thereon, and its market value immediately before the publication under sub-section (2) of section 3 of the notification in pursuance of which the area in which it is situated was declared to be a controlled area, and no compensation shall be awarded under sub-section (1)-

(i) unless the claimant satisfies the officer making the award that proposals for the development of the land which at the date of the application under sub-section (1) of section 6 are immediately practicable, or would have been so, if this Act had not been passed, are prevented or injuriously affected by the restrictions imposed under this Act, or

(ii) if and in so far as the land is subject to substantially similar restrictions in force under some other enactment which were so in force at the date when the restrictions were imposed under the Act, or

(iii) if compensation in respect of the same restriction in force under this Act or of substantially similar restrictions in force under some other enactment has already been paid in respect of the land to the claimant or to any predecessor in interest of the claimant.

(3) The provisions of Parts III, IV, V and VIII of the Land Acquisition Act, 1894 (1 of 1894), shall so far as may be apply to an award made under sub-section (1) as though it were an award made under that Act.

Delhi Restriction of Uses of Land Act, 1941 Back

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