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State of Assam - Section

Section 52 in Assam (Temporarily Settled Areas) Tenancy Act 1971

52. Rights of ejected tenants to cost of improvement.

- Every tenant who is ordered to be ejected from his holding shall be entitled to compensation for improvements lawfully made by him or his predecessors in interest in respect of his holding and the Court's order for ejectment shall be made conditional on payment of the compensation.In estimating the compensation to be paid for improvement, regard shall be had to the following--
(a)the amount by which the produce of the holding or the value of the produce or the value of the holding has increased by the improvement;
(b)the conditions of the improvement and the probable duration of its effects;
(c)the labour and capital involved in making the improvement;
(d)reduction or remission of rent or other advantage given by the landlord to the tenant in consideration of the improvement;
(e)in case of reclamation or irrigation, the length of time during which the tenant has had the benefit of the improvement at an unenhanced rent.