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State of Sikkim - Section

Section 7 in Sikkim Land (Requisition and Acquisition) Act, 1977

7. Amount payable for Acquisition.

(1)Whenever any land is acquired under Section 4, there shall be Paid to every person interested an amount which shall be Determined by the Collector in the manner and in accordance with the principles of Section 23 of the Land Acquisition Act, 1894, so far as they may be applicable;Provided that the market value referred to in clause first of Sub-section (1) of Section 23 of the said Act shall, in respect of any land acquired under this Act, be deemed to be the price which such land would have fetched in the open market if it had remained in the same state and condition as it was on the date of the order of requisition under Section 3 and been sold on the date of the publication of the notification referred to in sub-section (2) of Section 4.
(2)When the amount has been determined under sub-section (1) the Collector shall, in accordance with the provisions of Section 11 of the Land Acquisition Act, 1894, so far as they may be applicable, make an award under his hand of-
(i)the true area of the land;
(ii)the amount determined as payable for the land; and
(iii)the apportionment of the said amount among all the persons known or believed or be interested, of whom, or of whose claims, he has information, whether or not they have respectively appeared before him:
Provided that interest at the rate of six per centum per Annum on the amount under the award from the date of the Publication of the notification under sub-section (2) of section 4 Until payment shall be included:
(3)
(a)such award shall be filed in the office of the Collector and shall, except as hereinafter provided, be final and conclusive evidence, as between the Collector and the persons interested in the land, whether they have respectively appeared before the collector or not, of the true area and value of the land and the apportionment of the amount among the persons interested;
(b)the Collector shall give, in the prescribed manner, immediate notice of his award to such of the persons interested in the land as are not present personally or by their representatives when the award is made;
(c)Upon an award being made under the foregoing provisions, the Collector shall proceed to make payment in accordance with the provisions contained in Sections 31 to 33 of the Land Acquisition Act, 1894, so far as they may be applicable.