Section 28 in Mizoram (Land Acquisition, Rehabilitation and Resettlement) Act, 2016
28. Parameters to be considered by Collector in determination of award.
- In determining the amount of compensation to be awarded for land acquired under this Act, the Collector shall take into consideration-Firstly, the market value as determined under Section 26 and the award amount in accordance with the First and Second Schedules;Secondly, the damage sustained by the person interested, by reason of the taking of any standing crops and trees which may be on the land at the time of the Collector's taking possession thereof;Thirdly, the damage (if any) sustained by the person interested, at the time of the Collector's taking possession of the land, by reason of severing such land from his other land;Fourthly, the damage (if any) sustained by the person interested, at the time of the Collector's taking possession of the land, by reason of the acquisition injuriously affecting his other property, movable or immovable, in any other manner, or his earnings;Fifthly, in consequence of the acquisition of the land by the Collector, the person interested is compelled to change his residence or place of business, the reasonable expenses (if any) incidental to such change;Sixthly, the damage (if any) bona fide resulting from diminution of the profits of the land between the time of the publication of the declaration under Section 19 and the time of the Collector's taking possession of the land:Provided that in case of acquisition of land covered by any valid temporary allotment whereby the land holder has no permanent transferable right under any existing law, compensation may be paid for the land so acquired along with the properties attached thereon, as per assessment made by the Collector of the District concerned provided that the validity of the tenure of the said land holding has not expired;Provided further that certain percentage of the value of the land so acquired, as may be notified by the Government, shall be remitted to Revenue Department as cess on value of land.
