Section 26(1) in Mizoram (Land Acquisition, Rehabilitation and Resettlement) Act, 2016
(1)The Collector shall adopt the following criteria in assessing and determining the market value of the land, namely:-(a)the market value, if any, specified in the Indian Stamp Act, 1899 (2 of 1899) as amended for the State of Mizoram for the registration of sale deeds or agreement to sell, as the case may be, in the area where land is situated; or(b)in absence of the value of land fixed as provided under clause (a), the average sale price for land situated within the same land-grading notified latest by the Government in the Land Revenue & Settlement Department for assessment of land revenue from time to time shall be taken into consideration; or(c)the average sale price for similar type of land situated in the nearest village or nearest vicinity area; or(d)consented amount of compensation as agreed upon under sub-section (2) of section 3 in case of acquisition of lands for private companies or for public private partnership projects, whichever is higher;Provided that the date for determination of market value shall be the date on which the notification has been issued under Section 11.Provided further that the value of land claimed to have been held by any person other than 'person interested' under clause (v) of Section 2 shall not be assessed for payment of compensation, or cost of the land in case of purchase through negotiation, and such illegal occupant may be considered as 'landless' for the purpose of rehabilitation and resettlement if he is a person belonging to Below Poverty Line.Explanation 1. - The average sale price referred to in clause (c) shall be determined taking into account the sale deeds or the agreements to sell registered for similar type of area in the near village or near vicinity area during immediately preceding three years of the year in which such acquisition of land is proposed to be made.Explanation 2. - For determining the average sale price referred to in Explanation I, one-half of the total number of sale deeds or the agreements to sell in which the highest sale price has been mentioned shall be taken into account.Explanation 3. - While determining the market value under this section and the average sale price referred to in Explanation 1 or Explanation 2, any price paid as compensation for land acquired under the provisions of this Act on an earlier occasion in the district shall not be taken into consideration.Explanation 4. - While determining the market value under this section and the average sale price referred to in Explanation 1 or Explanation 2, any price paid, which in the opinion of the Collector is not indicative of actual prevailing market value may be discounted for the purposes of calculating market value.
