Section 393 in The Orissa Municipal Corporation Act, 2003
393. Compensation to be paid and charges to be imposed.
(1)Compensation shall be paid by the Commissioner to the owner of any building or land required for public street under Sections 386, 387, 388, 389, 390 and 391 for any loss which such owner may sustain in consequence of his building or land being so acquired and for any expense incurred by such owner in consequence of the order made by the Commissioner :Provided that -(i)any increase or decrease in the value of the remainder of the property of which the building or land so acquired formed part likely to accrue from the set back to the regular line of the street shall be taken into consideration and allowed for the purpose of determining the amount of such compensation; and(ii)if any such increase in value exceeds the amount or loss sustained or expenses incurred by the said owner, the Commissioner may recover from such owner half the amount of such excess as a betterment.(2)If, in consequence of any order to set forward a building made by the Commissioner, under Section 392 the owner of such building sustains any loss or damage, compensation shall be paid to him by the Commissioner for such loss or damage after taking into account any increase in value likely to accrue from the set forward.(3)If the additional land which will be included in the premises of any person required or permitted under Section 392 to set forward a building belonging to the Corporation the order or permission of the Commissioner to set forward the building shall be sufficient conveyance to the said owner of the said land and the price to be paid to the Corporation by the said owner for such additional land and the other terms and conditions of the conveyance shall be setforth in the said order or permission.(4)When Commissioner requires a building to be set forward and if, the owner of the building is dissatisfied with the price fixed to be paid to the Corporation or any of the other terms and conditions of the conveyance, the Commissioner shall, upon the application of the said owners at any time within fifteen days after the said terms and conditions are communicated to him, refer the case for determination to the District Judge.
