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State of Gujarat - Section

Section 63A in The Bombay Tenancy and Agricultural Lands Act, 1948

63A. [ Reasonable price of land for the purpose of its sale and purchase. [This section was inserted, by Bombay 13 of 1956, section 33.]

(1)Except as otherwise expressly provided in this Act, the price of any land sold, or purchased under the provisions of this Act shall consist of the following amounts, namely:-
(a)an amount not being less than 20 times the assessment levied or leviable in respect of the land and not being more than 200 times such assessment excluding, however, for the purpose of calculation, the amount of water rate, if any, levied under section 55 of the Bombay Land Revenue Code, 1879 (Bombay V of 1879), and included in such assessment;
(b)the value of any structures, wells and embankments constructed, permanent fixtures made and trees planted on the land.
(2)Where under the provisions of this Act any land is sold or purchased by mutual agreement, such agreement shall be registered before the Mamlatdar, and the price of the land shall, subject to the limits specified in sub-section (1), be such as may be mutually agreed upon by the parties. In the case of disagreement between the parties, the price shall be determined by the Tribunal having regard to the factors mentioned in think sections.
(3)Where in the case of a sale or purchase of any land under this Act, the Tribunal or the Mamlatdar has to fix the price of such land under this Act, the Tribunal or the Mamlatdar, as the case may be, shall, subject to the quantum specified in sub-section (1), fix the price having regard to the following factors,
(a)the rental values of lands used for similar purposes in the locality;
(b)the structures and wells constructed and permanent fixtures made and trees planted, on the land by the landlord or tenant;
(c)the profits of agriculture of similar lands in the locality;
(d)the prices of crops and commodities in the locality;
(e)the improvements made in the land by the landlord or he tenant;
(f)the assessment payable, in respect of the land;
(g)such other factors as may be prescribed.]
[Explanation. - For the purposes of this section the expression "assessment" shall have the meaning assigned to it in section 8.] [This Explanation was added by Bombay 15 of 1957, section 12.]