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22. Payment of amount for prohibition of construction, etc.-

(1) If in consequence of any direction contained in any notification issued under sub-section (1) of section 21 any person sustains any loss or damage, such person shall be paid an amount which shall be determined 1[by an order of the competent authority] in the first instance.

(2) If the amount determined by the competent authority is not acceptable to either of the parties, the amount shall, 2[on an appeal preferred by either of the parties, within sixty days from the date of the order of the competent authority, to the appellate authority, be determined by an order of the appellate authority].

(3) The competent authority or the 3[appellate authority], while determining the amount under sub-section (1) or sub-section (2), as the case may be, shall take into consideration-

(i) the loss or damage sustained by such person in his earnings;

(ii) the diminution, if any, of the market value of the land or building immediately after the date of publication of such notification;

(iii) where in pursuance of any direction any building has been demolished or any additions or alterations to such building have been made or any development has been desisted by such person, the damage sustained by him in consequence of such demolition or the making of such additions or alterations or the desisting from making such development and the expenses incurred by such person for such demolition or additions or alterations:

Provided that the expenses incurred for such demolition or additions or alterations shall not be taken into consideration if such demolition or additions or alterations has or have been done by the metro railway administration under sub-section (2) of section 36;

(iv) if any such person is compelled to change his residence or place of business the reasonable expenses, if any, that may have to be incurred by him incidental to such change.

Metro Railways (Construction of Works) Act, 1978 Back

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