Section 10 in Jammu and Kashmir Underground Public Utilities (Acquisition of Rights of User in Land) Act, 2014
10. Assessment of compensation and of damage(s).
(1)Where in the exercise of the powers by any person conferred in him/her by sections 6, 7 or 8, any damage, loss or injury is sustained by any person interested in the land under which the gas pipeline or other utility is proposed to be, or is being, or has been laid, the Government or the Corporation, as the case may be, shall be liable to pay compensation to such person(s)/ interested parties, for such damage, loss or injury', the amount of which shall be determined by the competent authority:Provided that while assessing the compensation the competent authority shall have regard to sections 23 and 24 of the State Land Acquisition Act, Samvat 1990 and other relevant provisions of the said Act, for determining the amount of compensation.(2)If the amount of compensation determined by the competent authority under sub-section (1) is not acceptable to either of the parties, the amount of the compensation shall, on an application made by either of the parties to the Court, be determined by the Court.(3)The competent authority, or the Court, while determining the compensation under sub-section (1) or sub-section (2), as the case may be, shall have due regard to the damages, loss or injury sustained by any person interested in the land by reason of-(i)the removal of trees or standing crops, if any, on the land while exercising the powers under sections 5, 6 or 7 of the Act ;(ii)the temporary severance of the land under which the gas pipeline or other utility has been laid from other land 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 persons caused in any other manner:Provided that in determining the compensation no account shall be taken of any structure or other improvement made in the land after the date of publication of the notification under section 3.(4)Where the right of user of any land has vested in the Government or the Corporation, as the case may be, it shall, in addition to the compensation, if any, payable under sub-section (1), be liable to pay to the interested person(s) and to any other person whose right of enjoyment in that land has been affected in any manner, whatsoever, by reason of such vesting, compensation calculated at fifty per cent of the market value of that land on the date of publication of the notification under sub-section (1) of section 3.(5)The market value of the land on the said date shall be determined by the competent authority and if the value so determined by that authority is not acceptable to either of the parties, it shall, on an application made by either of the parties to the Court, be determined by the Court.(6)The decision of the Court under sub-section (2) or sub-section (5) shall be final.
