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State of Gujarat - Section

Section 41 in The Bombay Tenancy and Agricultural Lands Act, 1948

41. Compensation for improvement made by tenant.

(1)A [***] [The word 'protected' were deleted, by Bombay 13 of 1956, section 28.] tenant who has made an improvement on the land held by him shall if his tenancy is terminated under the provisions of this Act, be entitled to compensation for such improvement. For determining the amount of the compensation the tenant shall apply to the Mamlatdar in the prescribed form.
(2)The compensation to which a tenant shall be entitled under sub-section (1) shall be the estimated value of such improvement at the time of the termination of his tenancy. In estimating such value regard shall be paid to-
(a)the amount by which the value of the land is increased by the improvement;
(b)the present condition of the improvement and the probable duration of its effects;
(c)the labour and capital provided or spent by the tenant for the making of the improvement; and
(d)any reduction or remission of rent or other advantage allowed to the tenant by the landlord in consideration of the improvement [including permanent fixtures.] [These words were inserted, by Bombay 13 of 1956, section 28.]