Legal Document View

Unlock Advanced Research with PRISMAI

- Know your Kanoon - Doc Gen Hub - Counter Argument - Case Predict AI - Talk with IK Doc - ...
Upgrade to Premium
[Cites 0, Cited by 6] [Entire Act]

State of Bihar - Section

Section 23 in Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961

23. Determination of compensation for land acquired by the State Government.

(1)Every person whose right, title or interest in any land is acquired or deemed to be acquired by the State Government under the provisions of this Act, shall be paid compensation according to the rate specified in the Schedule.
(2)The Collector shall, after he has determined the amount of compensation in accordance with the rate specified in the Schedule, prepare a compensation assessment-roll in the prescribed manner and shall:-
(i)cause it to be published in the prescribed manner for the prescribed period which shall not be less than thirty days, a draft of such roll together with, a public notice stating that the amount of compensation specified therein is the entire amount of compensation payable for all interests in the land and that subject to other provisions of this Act, the persons named therein are the only persons who are entitled thereto in the proportion stated therein and that objection, if any, in respect of any entry in the draft may, be filed by any person within thirty days of the expiry of the said prescribed period; and
(ii)send by registered post, with acknowledgement due, a copy of the draft together with a copy of the notice to the persons whose names appear in the draft.
(3)Separate draft compensation assessment rolls shall be prepared and published under sub-section (2) for different land-holders:Provided that it shall not be obligatory on the Collector to prepare a separate draft compensation assessment-roll for different members of an undivided Hindu family.
(4)The Collector shall consider any objection which may be preferred under sub-section (2) and after giving the parties a reasonable opportunity of being heard and adducing evidence, pass such order as he thinks fit and record the reason therefor.
(5)If no objection is preferred within the period specified in sub-section (2), the Collector shall cause the draft compensation assessment-roll to be finally published in the prescribed manner.
(6)When such objection or an appeal or revision, if any, in regard thereto has been disposed of, the Collector shall make such alteration in the draft compensation assessment-roll as may be necessary to give effect to any order made in regard to the objection and shall cause the draft so altered to be finally published in the prescribed manner.
(7)Every entry in the compensation assessment-roll finally published under sub-section (5) or sub-section (6) shall, except as provided under this Act, be final and conclusive evidence-
(a)of the matter referred to therein;
(b)of the nature of the interest of the persons named therein; and
(c)of the apportionment of the compensation among the persons claiming interest therein.
(8)When a compensation assessment-roll has been finally published under sub-section (5) or sub-section (6), the Collector shall within such time as may be prescribed endorse a certificate thereon, stating the date of the final publication thereof and shall date and subscribe the same with his name and official designation and such certificate shall be a conclusive proof of such publication and the date of such publication,
(9)The Collector may, if he is satisfied that a bona fide mistake has been made in regard to any entry in the finally published compensation assessment roll, make necessary corrections therein and on such corrections being made the provisions of sub-sections (2), (4), (5), (6), (7) and (8) shall apply thereto.