24. Claims to compensation for damage caused in carrying out scheme or works.
(1)Any person who alleges that damage has been caused to his property by any scheme or works commenced or carried out under this Act may, at any time before the expiry of the three years mentioned in clause (1) of Section 28, prefer to the Commissioners a claim for compensation in respect of such damage actually caused, and of all future damage likely to be caused, to such property by such schemes or works.Compensation to be assessed by the Commissioners. - The Commissioners shall duly consider any such claim; and, if they are satisfied that such damage has been caused or is likely to be caused they shall assess such compensation as to them appears fair and reasonable.If such person agrees to accept the amount so assessed the same shall be paid to him.Reference to Civil Court if amount assessed be not accepted. - If he does not agree to accept such amount, the Commissioners shall make a reference to the Civil Court in the manner in which a Collector is empowered to make a reference by Section 15 of the Land Acquisition Act, 1870 and the provisions of Part III of the said Act shall apply to any reference so made.(2)Reference to Civil Court where amount of compensation agreed to or settled by Court, but dispute as to its apportionment. - When the persons interested in such property, to which damage has been caused as aforesaid, agree to accept the amount of compensation assessed by the Commissioners, but a dispute arises as to the apportionment of the same or any part thereof;or when the amount of compensation has been settled by the Court on a reference under clause (1) of this section, and a similar dispute arises;the Commissioners shall refer such dispute to the decision of the Civil Court; and the provisions of Part IV of the said Land Acquisition Act shall apply to any reference so made.(3)Reference may in certain cases be transferred to Subordinate Judge or Munsif for disposal. - When the amount of compensation assessed by the Commissioners does not exceed one thousand rupees, any reference made under the said clause (1) may be transferred by the principal Civil Court of original jurisdiction of the district to any Subordinate Judge in the same district; and such Subordinate Judge shall have power to hear and dispose of the same;and any reference made under clause (2) of the section may be transferred by such principal Civil Court to any Munsif in the same district, and such Munsif shall have power to hear and dispose of the same.
