Section 25 in The Rajasthan Colonisation (General Colony) Conditions, 1955
25. Compensation.
(1)Except as provided in Sections 15 and 16 of the Act no compensation shall be payable by Government in respect of the exercise of any right reserved or conferred by the terms of any grant, except as provided hereunder:-(a)For damage by exercise of reserved rights. - reasonable compensation for actual damage directly occasioned by the exercise by Government of all or any of the rights reserved to itself other than those relating to construction of watercourses or creating of rights of way or exercise of the existing rights of way, water and other easements.(b)For resumption of grant. - On resumption of the whole or any portion of the land, otherwise than on exchange or for breach of conditions, a proportionate reduction of the rent or a proportionate refund of the purchase price if any paid.(c)For exchange of land. - On exchange under clause 9 of condition 17 reasonable compensation for improvements effected on the land by the grantee and where a land of equal value and advantage cannot be allotted in exchange, reasonable compensation for the difference in the value of the two lands in the latter case, the compensation being payable by the grantee or tenant receiving in exchange the land of greater value.(2)Decision of Collector final. - The decision of the Collector as to whether at any time any damage has been occasioned to the grantee and, as to the compensation to be paid, shall be final and binding upon the parties and each of them.(3)Grantee to be heard. - When any claim for compensation arises, the officer assessing the amount of the compensation shall give the grantee an opportunity of being heard.(4)Government dues to be realised from compensation. - When any sum becomes due to the grantee by way of compensation, any moneys due to Government in respect of the grant shall be deducted therefrom and if Government has any unsettled claim against the grantee, the sum due by way of compensation may be withheld until the claim is settled.
