Section 301 in The Mumbai Municipal Corporation Act, 1888
301. Compensation to be paid in cases under the three last sanctions.
- [(1) Compensation shall be paid by the Commissioner to the owner of any building or land acquired for a public street under section 298 or 299, for any loss which such owner may sustain in consequence of his building or land being so acquired and for any expense incurred by such owner in consequence of the order made by the Commissioner under either of the said sections; provided that any increase or decrease in the value of the remainder of the property of which the building or land so acquired formed part likely to accrue from the setback to the regular line of the street shall be taken into consideration and allowed for in determining the amount of such compensation.] [This sub-section was substituted for the original by Bombay 1 of 1925, Section 19.](2)If, in consequence of any order to set forward a building made by the Commissioner under the last preceding section, the owner of such building sustains any loss or damage, compensation shall be paid to him by the Commissioner for such loss or damage.(3)If the additional land which will be included in the premises of any person required or permitted under the last preceding section to set forward a building belongs to the corporation, the order or permission of the Commissioner to set forward the building shall be a sufficient conveyance to the said owner of the said land and the [price to be paid to the corporation by the said owner for such additional land and the other] [These words were added by Bombay 7 of 1921, Section 9(a).] terms and conditions of the conveyance shall be set forth in the said order or permission.(4)If, when the Commissioner requires a building to be set forward, the owner of the building is dissatisfied with [the price fixed to be paid to the corporation or any of the other] [These words were substituted for the original words by Bombay 7 of 1921, Section 9(b).] terms or conditions of the conveyance, the Commissioner shall, upon the application of the said owner at any time within fifteen days after the said terms and conditions are communicated to him, refer the case for the determination of the Chief Judge of the Small Cause Court, whose decision thereupon shall be conclusive.Provisions concerning private streets
