Section 47 in Guwahati Metropolitan Development Authority Act, 1985
47. Compensation and payment of interest.
(1)Subject to the provisions of sub-section (2), wherever possession of the land is taken by the Authority under Section 46 there shall be paid compensation the amount of which shall be determined by the Collector. In determining the amount to compensation, the Collector shall take into consideration the market value of the land for a period of five years preceding the date of issue of the notice under sub-section (3) of Section 45, and the amount of compensation payable shall be on the basis of average market value so arrived at:Provided that the compensation for any building standing on such land, shall be payable at the market value of the building on the date of issue of the notice under sub-section (3) of Section 45.(2)In the case of land with respect to which any settlement has been made for special cultivation or which is include in any grant, if such land is lying fallow or uncultivated or is not utilised for the purpose for which the grant or settlement was made or for the purposes incidential thereto, than the compensation payable for acquisition of such land together with trees if any, standing in it shall be an amount equal to ten times the annual land revenue which, on the date of issue of notice referred to in sub-section (3) of Section 45, is or would have been payable if such land is or had been assessable to revenue at full rates:Provided that where any amount was originally paid to Government by the grantee as price or premium for the land, an additional amount equal to the amount originally paid by the grantee shall also be payable.Explanation. - "Special cultivation" means cultivation which involves, either owing to the nature of the crop or owing to the process of cultivation, a much larger expenditure of capital per acre than is accrued by most of the cultivators in the State, and includes cultivation of tea.(3)When the compensation has been determined under sub-section (1) or sub-section (2), the Collector shall make an award in accordance with the principles set out in section 11 of the land Acquisition Act, 1894 (Act 1 of 1894), but no amount referred to in sub-section 28 of that Act shall be included in the award.(4)Where any person aggrieved by an award made under sub-section (2) makes an application requiring the matter to be referred to the Court, the Collector shall refer the matter to the decision of the Court.(5)Where possession of the land is taken by the Authority under Section 45 or Section 46, the person interested in such land shall be entitled to interest at the rate of 12 percent per annum on the amount of compensation payable to him under this section in respect of the said land form the date on which such possession is taken till date on which the amount of compensation is paid to him by the Authority.Explanation. - (i) "Collector" "Land" and "person interested" have the same meaning as in the Land Acquisition Act, 1894 (Act I of1894).(ii)Land for the purpose of this Act included trees, buildings and standing crops on it, and casement.
