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State of Rajasthan - Section

Section 17 in Rajasthan Highways Act, 1995

17. Determination of the amount of compensation.

(1)On the day so fixed, or on any other day to which the enquiry has been adjourned, the Collector shall give the claimant or claimants an opportunity of being heard in person or by any person authorised by him in this behalf or by pleader and shall, after hearing all the claims and after making such further enquiry, if any, as he thinks necessary, determine the amount of compensation in respect of extinguishment of right or interest in the land for which notice under section 15 was issued/published and the determination so made by the Collector shall be final :Provided that no such determination of compensation shall be made by the Collector under this sub-section without the previous approval of the State Government or such other officer, as the State Government may authorise in this behalf :Provided further that it shall be competent for the State Government to direct that the Collector may make an order of the determination of compensation without such approval in such class of cases as the State Government may specify in this behalf
(2)The determination of compensation for extinguishment of any right or interest in any land under sub-section (1) shall not in any way affect the determination of any compensation for extinguishment of right or interest in respect of other lands in the same locality or elsewhere in accordance with the provisions of the Act.
(3)The Collector shall make an order of determination of compensation under sub-section (1) within a period of two years from the date of publication of notice under section 15 and if no determination is made within that period, the entire proceeding for extinguishment of right or interest of right or interest in land shall lapse.Explanation. — In computing the period of two years referred to in this section. the period during which any action or proceeding to be taken in pursuance to that notice is stayed by an order of the court shall be excluded.
(4)Whenever any order of determination of compensation is made by the Collector under sub-section (1) such determination shall be final and conclusive evidence as between the Collector and the persons interested, whether they have respectively appeared before the Collector or not. of the true nature of land in which the right or interest is sought to be extinguished and the amount of compensation among the persons interested.
(5)The Collector shall give immediate notice of the determination made by him under sub-section (1) to such of the persons interested as are not present personally or by their representative when the determination is made.