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State of Assam - Section

Section 368 in Gauhati Municipal Corporation Act, 1971

368. Compensation to be paid in certain cases of setting back or setting forward a building.

(1)Compensation as assessed by the Commissioner shall be paid by the Commissioner with the approval of the Standing Committee to the owner of any building or land acquired for a public street under the provisions of Sections 363, 364 and 365 for any loss which such owner may sustain in consequence of his building or land being so acquired and for any expense incurred by such owner in consequence of any order made by the Commissioner:Provided that any increase or decrease in the value of the remainder of the property of which the building or land so acquired formed part, likely to accrue from the setting back to the regular line of the street shall be taken into consideration and allowed for in determining the amount of such compensation.
(2)If in consequence of any order to see forward a building made by the Commissioner, the owner of such building sustains any loss or damage, compensation as assessed by the Commissioner shall be paid to him by the Commissioner with the approval of the Standing Committee for such loss or damage after taking into account any increase in value likely to accrue from the setting forward.
(3)If the additional land which will be included in the premises of any person required or permitted under sub-section (2) to set forward at building belongs to the Corporation, the order or permission of the Commissioner to set forward the building shall be a sufficient conveyance to the said owner of the said land, and the price to be paid to the Corporation by the owner for such additional land and the other terms and conditions of the conveyance shall be set forth in the order or permission.Private Streets