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State of Madhya Pradesh - Section

Section 8 in The M.P. Krishi Upaj Mandi Adhiniyam, 1972

8. Vesting of property of local authority in Market Committee.

(1)The Market Committee may require a local authority to transfer to it any land or building belonging to the local authority which is situated within the market yard and which immediately before the establishment of the market was being used by the local authority for the purposes of the market, and the local authority shall, within one month of the receipt of the requisition, transfer the land or building, as the case may be, to the Market Committee on such terms as may be agreed upon between them.
(2)Where within a period of thirty days from the date of receipt of requisition by the local authority under sub-section (1) no agreement is reached between the local authority and the Market Committee under the said sub-section, the land or building required by the Market Committee shall vest in the Market Committee for the purposes of this Act and the local authority shall be paid such compensation as may be determined by the Collector under sub-section (5) :Provided that no compensation shall be payable to a local authority in respect of any land or building which had vested in it by virtue of the provisions contained in the enactment relating to the constitution of such local authority without payment of any amount whatsoever for such vesting :Provided further that any party aggrieved by the order of the Collector may, within thirty days from the date of such order, appeal to the State Government.
(3)The local authority shall deliver possession of the land or building vesting in the Market Committee under sub-section (2) within a period of seven days from such vesting and on failure of the local authority to do so, within the period aforesaid, the Collector shall take possession of the land or building and cause it to be delivered to the Market Committee.
(4)The order of the State Government and subject to that order, the order of the Collector under sub-section (2) shall be final and binding on both the parties.
(5)The Collector shall fix the amount of compensation for the land or building having regard to,-
(i)the annual rent for which the building might reasonably be expected to be let from year to year;
(ii)the condition of building;
(iii)[ the amount of compensation paid by the local authority for the acquisition of such land and the present market value of the land; and [Substituted by M.P. Act No. 24 of 1986 (w.e.f. 21-7-1986).]
(iv)the cost or the present market value of any building erected or other work executed on the land by local authority.]
(6)The compensation fixed under sub-section (5), may, at the option of the Market Committee, be paid in lump-sum or in such number of equal annual instalments not exceeding ten as the Collector may fix. Where the compensation is paid in instalments, it shall carry interest at the rate of six percent, per annum which shall be payable along with the instalment.