Section 9 in Bihar Underground Pipelines (Acquisition of Right of User in Land) Act, 2011
9. Compensation.
(1)Where in exercise of the powers conferred under sections-5, 6 or 7, any damage, loss or injury is sustained by any person interested in the land, the State Government or the corporation shall be liable to pay compensation to such person for such damage, loss or injury, the amount of which shall be determined by the competent authority in the first instance. While determining such compensation, it shall have due regard to the damage or loss sustained by reason of-(i)the removal of trees or standing crops, if any, on the land;(ii)the temporary severance of the land under which the underground pipeline has been laid from other lands belonging to, or in the occupation of such person; or(iii)any injury to any other property, whether movable or immovable or the earnings of such person caused in any other manner.(2)Where the right of user of any land has vested in the State Government or the corporation, the State Government or the corporation, as the case may be, shall be liable to pay, in addition to compensation, if any, compensation calculated at twenty percent of the market value of that land on the date of publication of the declaration under sub-section (1) of section-4. The market value of the land on the said date shall be determined by the competent authority.Explanation. - "Market value" means the value determined on the basis of methods as prescribed in the Bihar Land Acquisition Rehabilitation and Resettlement Policy 2007 as amended from time to time.In addition to market value, 30% solatium on the rates as fixed under the provisions of the Bihar Land Acquisition Rehabilitation and Resettlement Policy 2007, shall be paid but wherever the land owner gives consent in writing, the solatium amount shall be 60% in place of 30%.(3)If the market value determined by the competent authority is not acceptable to either of the parties, an application may be made by the aggrieved party within thirty days to the Court as defined under the Land Acquisition Act, 1894, whose decision shall be final.
