Section 100 in The Tamil Nadu Co-Operative Societies Act, 1983
100. Principles and method of determining compensation for land acquired under section 99.
(1)Where any land is acquired under sub-section (2) of section 99, there shall be paid compensation the amount of which shall be determined in the manner and in accordance with the principles hereinafter set out, that is to say,-(a)where the amount of compensation can be fixed by agreement, it shall be paid in accordance with such agreement;(b)where no such agreement can be reached, the Government shall appoint as Arbitrator, a judicial officer not below the rank of Subordinate Judge;(c)the Government may, in am particular case, nominate a person having expert knowledge as to the nature of the land acquired to assist the Arbitrator and where such nomination is made, the person to be compensated may also nominate an assessor for the same purpose;(d)at the commencement of the proceedings before the Arbitrator, the Government and the person to be compensated shall state what in their respective opinion is a fair amount of compensation;(e)the Arbitrator shall, after hearing the dispute, make an award determining the amount of compensation which appears to him to be just and specifying the person or persons to whom such compensation shall be paid; and in making the award, he shall have regard to the circumstances of each case and the provisions of sub-section (2) so far as they are applicable;(f)where there is any dispute as to the person,or persons who are entitled to the compensation, the Arbitrator shall decide such dispute and if the Arbitrator finds that more persons than one are entitled to compensation, he shall apportion the amount thereof amongst such person;(g)nothing in the [Arbitration Act, 1940 (Central Act X of 1940)] [Now the Arbitration and Conciliation Act. 1996 (Central Act 26 of 1997).] shall apply to arbitrations under this section.(2)The amount of compensation payable for the acquisition of lands under sub-section (1) shall be-(a)(i)the price which the lands would have fetched in the open market if they had been sold on the date of acquisition after deducting from such price the value of the works constructed on, in or over, the lands by the joint farming society; or(ii)twice the price which the lands would have fetched in the open market if they had been sold on the date on which the lands were pooled in the manner set out in clause (2) of section 93, whichever is less; and(b)such sum or sums, if any, as may be found necessary to compensate the person interested for all or any of the following matters, namely:-(i)expense on account of vacating the lands; and(ii)any other matter which may be relevant to the circumstances of the case.
