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State of Bihar - Section

Section 16 in The Bihar Public Irrigation and Drainage Works Act, 1947

16. Determination of compensation.

(1)The Revenue Officer shall consider all claims made under sub-section (1) of Section 15 and shall make to the Collector his recommendation as to the amount of compensation, if any, which should be paid and the person to whom such amount should be paid.
(2)In making his recommendation under sub-section (1), the Revenue Officer shall take into consideration the following matters and no other matter: -
(a)the market value of the land or right injuriously affected at the time when the act was done or the work executed;
(b)the damage sustained by the claimant by reason of such act or work injuriously affecting the land or right;
(c)the consequent diminution of the market value of the land or right injuriously affected, when the act was done or the work executed; and
(d)whether the claimant has derived or is likely to derive any benefit from the act or work in respect of which the compensation is claimed, or from any work connected therewith, in which case the estimated value of such benefit,if any, shall be set off against the compensation which would otherwise be paid to such person.