Section 10 in The Assam Embankment and Drainage Act, 1953
10. Disposal of claims to compensation.
- (i) Whenever any-(a)obstruction is removed or embankment or drain removed, constructed or altered under Section 4(i)(a) and (b); or(b)embankment or drainage work carried out under Section 9 ; or(c)emergent work undertaken under Section 16(v) and in direct consequence thereof there has occurred stoppage or diminution of supply of water in any existing drain or accumulation or diminution of water in any place, resulting in deterioration, in the productivity of any land or any other loss or damage arising from any of the causes referred to in Clauses (a), (b) and (c) which is capable of being estimated ; or(d)right of fishery, right of drainage, right of use of water or other right of property, other than those as mentioned above, has been injuriously affected ;any person feeling aggrieved by any of the causes referred to in clauses (a), (b), (c) and (d) may claim compensation before the Deputy Commissioner within two years from the date of physical completion of the work as notified by the State Government and the Deputy Commissioner shall award such compensation as he considers fair and reasonable after enquiry in the prescribed manner.In determining the amount of such compensation regard shall be had to the diminution of the market value at the time of occurrence of loss or damage of the property in respect of which compensation is claimed ; and where such market value is not ascertainable, the amount of compensation shall be reckoned by taking into account the extent of diminution of estimated annual net profit of such property :Provided that where, in the opinion of the Deputy Commissioner there is likely to be delay in determination of the compensation, the Deputy Commissioner may at his discretion, determine provisionally the amount which in his opinion is likely to be finally determined as compensation and make, on account, payment up to 60 percentum of the amount after taking such securities as the Deputy Commissioner thinks fit:Provided further that where loss, damage or deterioration is manifest e.g., where because fall between the rivers and embankment rendering them unsafe and unhabitable, the Deputy Commissioner may, on his own accord, determine the compensation immediately after the directions are issued by the State Government under Section 9. In determining the amount of such compensation regard shall also be had to the acquisition of alternative land and of shifting the houses to such alternative land. In case alternative land is provided to the affected person by the State Government no compensation shall be payable for the land affected.(ii)An appeal against the decision of the Deputy Commissioner shall lie to the court, but no appeal shall be entertained unless it is made within 90 days of the date of the Deputy Commissioner's decision.(iii)No claim for compensation shall be entertained after the expiry of two years from the date of the completion as notified unless the Deputy Commissioner is satisfied that the claimant has sufficient cause for not making the claim within such period :Provided that no compensation shall be awarded for any damage caused by-(a)deterioration of climate or soil;(b)stoppage of irrigation or of the means of drifting timber or watering cattle ;(c)displacement of labour ;(d)stoppage or diminution or increase of percolation of flood.
