Section 41 in The Displaced Persons (Compensation and Rehabilitation) Rules, 1955
41. Displaced person in occupation of Government built property.
(1)A displaced person having a verified claim who is in occupation of a Government built property which is an allottable property shall be paid compensation by the transfer of the property to him:-Provided that where the value of the property exceeds in the case of a shop in a rural area or in a town other than those mentioned in Appendix X two thousand rupees and in the case of any other property five thousand rupees and such value is covered by the amount of net compensation payable to such person to the extent of 33-1/3 per cent of the value of the property:Provided further that where the provisions of preceding proviso do not apply and the value of the property is covered by the amount of net compensation payable to such persons to the extent specified below.(i)in the case of property situated in 'A' class colony 33-1/3 per cent of the value of the property.(ii)in the case of the property situated in 'B' class colony 25 per cent of the value of the property;(iii)in the case of property situated in 'C' class colony 20 per cent of the value of the property;(2)Where the net compensation payable to such displaced person is less than that specified in sub-rule (1) the deficiency may be made good in cash and thereafter the balance of the purchase price shall be payable -(i)where the value of the property does not exceed in the case of a shop in any rural area of in any town other than those specified in Appendix X two thousand rupees and in the case of any other property five thousand in four equal instalments; and(ii)where the value of the property exceeds the limits specified in clause (ii) or where the property consists of a shop situated in the town specified in Appendix X in two equal annual instalments;Provided that the displaced person may, at his option, pay the balance with interest at the rate specified in clause D of the rule 28, in seven equated annual instalments:Provided further that if the value of the Government built property is more than rupees ten thousand but does not exceed rupees fifteen thousand, the displaced person shall be required to pay the balance together with interest at the rate specified in rule 28, in the three equal instalments:(3)For the purpose of this rule, the value of a Government built property which is an allottable property shall be determined by the Settlement Officer having regard to the market value of the site and the cost of superstructure.Explanation - In the case of a semi-permanent or temporary structure, depreciation may be allowed according to the age of the building, the quality of construction and the standard of maintenance of the property.
