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Bengal Presidency - Section
Section 26 in The Bengal Agricultural And Sanitary Improvement Act, 1920
26. Matters to be considered in determining compensation. -
In any such case which is referred by the Collector to the Court for the purpose of determining whether any, and, if so, what amount of compensation should be awarded, the Court shall take into consideration-| First, | the market value of the property or rightinjuriously affected at the time when the act was done or thework executed; | |
| Secondly, | the damage sustained by the claimant by reasonof such act or work injuriously affecting the property or right; | |
| Thirdly, | the consequent diminution of the market value ofthe property or right injuriously affected when the act was doneor the work executed; | |
| Fourthly, | whether any person has derived, or will derive,benefit from the act or work in respect of which the compensationis claimed or from any work connected therewith, in which casethey shall set off the estimated value of such benefit, if any,against the compensation which would otherwise be decreed to suchperson: | |
| Provided that the Courtshall not take into consideration- | ||
| First, | the degree of urgency which has led to the actor work being done or executed; | |
| Secondly, | any damage sustained by the claimant, which, ifcaused by a private person, would not in any suit institutedagainst such person justify a decree for damages. |