Section 8 in Waste Lands (Requisitioning and Utilisation) Act, 1952
8. Compensation.
(1)Where the possession of any waste land is delivered or taken under section 5, every person interested in such land shall be entitled to compensation for so long as his interest subsists but in no case beyond the date of the release of such land from requisition under section 10, the amount of such compensation being determined in the manner and in accordance with the principles hereinafter set out.(2)As soon as may be after the date of delivery of possession or the taking of possession of any waste land under section 5, the Collector shall determine-(a)in respect of any waste land which on the said date was in the occupation of a tenant or lessee-(i)the annual rent and cesses, if any, payable by the tenant or the lessee in respect of such land, and(ii)the average net annual income derived from such land by the tenant or lessee during the three years immediately preceding the said date, or if no income was derived from such land by the tenant or lessee during the said three years, the sum equivalent to three per cent, of the market value of the interest of the tenant or of the lessee in such land on the date of the notification under section 3;(b)in respect of any wasteland which on the said dale was in the occupation of a proprietor the average annual income derived from such land by such proprietor during the three years immediately preceding the said date, or if no income was derived by such proprietor during the said three years, the sum equivalent to three percent, of the market value of such land on the Hale of the notification under section 3-(c)in respect of any waste land in which any person other than a tenant ora lessee or a proprietor in occupation is interested, the average net annual compensation derived from such land by the person in occupation thereof during the three years immediately preceding the said date, or if no income was derived by such person during the said three years, the sum equivalent to three per cent, of the market value of such land on the date of the notification under section 3.(3)The Collector shall by order direct that there shall be payable by the State Government as compensation on each anniversary of the date of the delivery of possession or the taking of possession under section 5, and for the duration referred to in sub-section (1),-(a)in respect of such waste land as is referred to in clause (a) of sub-section (2), the amount determined under sub-clause (i) of that clause to the landlord or the lessor, and the amount determined under sub-clause (ii) of that clause to the tenant or the lessee;(b)in respect of such waste land as is referred to in clause (b) of sub-section (2), the amount determined under that clause to the proprietor; and(c)in respect of such waste land is as referred to in clause (c) of sub-section(2), to every person interested in such land such sum as may be apportioned to him by the Collector, out of the amount referred to in that clause, having regard to the nature and extent of his interest.Explanation. - For the purpose of this section the expressions "landlord", "proprietor" and "tenant" have the same meanings as in the Bengal Tenancy Act, 1885,(VIII or 1885). and the expressions "lessor" and "lessee" have the same meanings as in the Transfer of Property Act, 1882 (IV of 1882).
