Section 13 in M.P. Abolition of Proprietary Rights (Estates, Mahals, Alienated Lands) Act, 1950
13. Determination of compensation.
(1)On receipt of the statement of claim, or if no such claim is received within the prescribed period, the Compensation Officer shall, after making such enquiry as he thinks fit and giving an opportunity to the claimant to be heard, decide the amount of compensation due to the claimant and record in a statement in the prescribed form, the details of the land which shall vest in the State Government after its acquisition in lieu of the payment of such compensation and such other details as may be prescribed.(2)The Compensation Officer shall assess the amount of compensation payable for the whole estate, mahal or alienated village as one unit and shall then determine the amount due to each claimant in accordance with sub-sections (3), (4) and (5).(3)Where there are co-sharers, the amount of compensation shall be distributed between them in proportion to the shares held by them.(4)Where is the Central Provinces, superior and inferior proprietary rights exist in the same estate or mahal or alienated village, the Compensation Officer shall distribute the compensation in the proportion in which proprietary profits are shared by them immediately before the date of vesting(5)Where in the Central Provinces and the merged territories, in an estate or mahal, proprietary rights are held by under-tenures, such as protected thekedar or other thekedar or a protected headman, the Compensation Officer shall apportion the total amount of compensation between the various claimants having regard to-(a)the premium, if any, paid at the commencement of the theka or the lease;(b)the terms and conditions of the theka or the under-tenure;(c)loss, if any, caused to the thekedar as a result of the determination of the theka;(d)the gross assets and the net assets of the estate or mahal under the theka or under-tenure;(e)the amount payable annually by the thekedar;(f)the fact that the total rights of the intermediary are being acquired and that those rights were held by him in perpetuity while the rights of the thekedar are of a limited character; and(g)such other matters as may be prescribed.(6)A copy of the statement recorded by the Compensation Officer under sub-section (1) shall be supplied to each proprietor affected by the acquisition.
