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State of Assam - Section

Section 6 in Assam Acquisition of Land for Flood Control and Prevention of Erosion Act, 1955

6. Compensation.

- The owner of the land which has vested in Government under Section 5(1) shall get compensation at the following rate-
(1)for land including standing crops and trees, if any, but excluding building or structure, a sum not exceeding forty times the annual land revenue in case of Periodic Patta Land and fifteen times the annual land revenue in case of Annual Patta Land.Provided that in case of revenue free land and land paying revenue on concessional rate the compensation will be assessed on the basis of the revenue of similar revenue paying land of the neighbourhood.In determining this such the Collector shall take the following consideration-
(a)the value of the land as at the date of acquisition,
(b)the adverse effect on the value of the land due to possible floods the land or danger of erosion of such land;
(c)the benefit the owner is likely to derive in respect of his other land in the area due to the control measures;
(d)the damage sustained by the person interested by reason of the taking of any standing crops or trees which may be on the land at the time of the Collector taking possession thereof;
(2)for building or structure, if any, a sum equivalent to the proceeds of the materials of the same plus 15 per cent thereof.Provided that if in lieu of this compensation the owner chooses to take away the buildings or structures as the case may be] the Collector shall allow him to do so within such time as specified by him and the cost of the shifting of the [buildings or structures as the case may be] as may be approved by the Collector in the manner prescribed shall be borne by the Government, which cost however, shall not exceed 20 per cent, of the value of the [buildings of structures as the case may be] as determined by the Collector.