Section 14 in Gujarat Surviving Alienations Abolition Act, 1963
14. Compensation in respect of property referred to in section 11.- Any alienee having any right or interest in any property referred to in section 11 shall if he proves to the satisfaction of the Collector that he had any such right or interest, be entitled to compensation in the following manner, namely:-
(i)if the property in question is waste or uncultivated but is cultivable land, or pasture land the amount of compensation shall not exceed three times the assessment of the land; and where the waste or uncultivated land is not cultivable, the amount of compensation shall not exceed the amount of annual assessment leviable thereon:Provided that if the land has not been assessed, the amount of compensation shall not exceed such amount of assessment as would be leviable in the same village on the same extent of similar land used for the same purpose;(ii)if the property in question is land over which the public has been enjoying or has acquired a right of way or any individual has any right of easement, the amount of compensation shall not exceed the amount of the annual assessment leviable in the village for uncultivated land in accordance with the rules made under the Code or if such rules do not provide for the levy of such assessment, such amount as in the opinion of the Collector shall be the market value of the right or interest held by the claimant;(iii)in the case of minerals, the amount of compensation shall be equivalent to the average of the net annual income received by the alienee in respect of minerals during the three years immediately preceding the date of vesting;(iv)in the case of forest land, the amount of compensation shall be equivalent to seven times the average of the net annual income of forest revenue including grazing fees, if any, received by the alienee during the ten years immediately preceding the date of vesting, such annual income being calculated on the basis of data regarding average yield for the said ten years;(v)if there are any trees or structures on the land to which clause (i) or (ii) applies the amount of compensation shall be the market value of such trees or structures, as the case may be.Explanation.-For the purposes of this section, the "market value" shall mean the value as estimated in accordance with the provisions of sub-section (1) of section 23 and section 24 of the Land Acquisition Act in so far as the said provisions may be applicable.
