Section 23 in The Maharashtra Agricultural Lands (Ceiling on Holdings) Act, 1961
23. Quantum of compensation.
- [In each of the districts and talukas specified in column 1 of the First Schedule, for each class of land described in columns 2, 3, 4, 5 and 6 of that Schedule, the amount of compensation for surplus land acquired by the State Government under section 21 shall consist of -(a)in the case of dry crop land falling under column 5 or 6 the price calculated at the price per hectare specified in column 7 of that Schedule, or](b)in the case of land falling under [columns 2, 3 and 4] [These words and figures were substituted for the words and figures 'columns 4, 5 or 6', by Maharashtra 21 of 1975, Section 16(2).] of that Schedule, the price calculated at the price [per hectare] [These words were substituted for the words 'per acre' by Maharashtra 21 of 1975, Section 16(2).] of dry crop land increased by one hundred by fifty and by twenty-five per cent, respectively.[Explanation. - In the case of land referred to in clause (a), the price shall not in any case exceed one thousand rupees per hectare, and in the case of land referred to in clause (b), the price shall not in any case exceed five thousand rupees per hectare] [This Explanation was added Maharashtra 21 of 1975, Section 16(2A), read with Maharashtra 47 of 1975, Section 5.]:Provided that in the case of land which is not cultivated for a continuous period of three years immediately before the [commencement date,] [These words were substituted for the words 'appointed day', by Maharashtra 21 of 1975, Section 16(3).] the price shall be twenty-five per cent, of the price calculated under clause (a) or (b), as the case may be:Provided further but subject to the previous proviso,-(i)in the case of land held [by a Bhumidhari who is an occupant, Class II falling under clause (b) of sub-section (3) of section 29 of the Code,] [This portion was substituted for the words 'by tenure holders as a Bhumidhari' by Maharashtra 21 of 1975, Section 16(4).] the price calculated under clause (a) or (b), as the case may be shall be reduced by an amount equal to three times the revenue for the time being assessed theron;(ii)in the case of land which is impartible and non-transferable, the price shall be two-thirds of the price calculated under clause (a) or (b), as the case may be;(iii)in the case of land held on lease from Government, the price shall be ten per cent of the price calculated under clause (a) or (b), as the case may be; [and, (c) the value of any trees, works, structures or fixtures; and] [Clause (c) was deemed always to have been substituted by Maharashtra 32 of 1963, Section 3(a).][* * * * * * ] [Clause (d) was deemed always to have been deleted by Maharashtra 32 of 1963, Section 3(b).](e)seven times the difference between the full land revenue leviable on alienated or inam land, and the land revenue payable thereon; and(f)[ the cost of cultivation of the standing crop on such land, or if an agreement is reached, or arrangement is arrived at with the holder of the land for the disposal or harvesting of the crop whether before or after the vesting of the land under section 21, any sum so agreed upon, or arrangement so arrived at.] [Clause (f) was deemed always to have been substituted for the original by Maharashtra 25 of 1963, Section 3.]Explanation I. - Where the settlement of the land has not been done in any part of the State, then the assessment shall be [such as is fixed under section 68 of the Code or under section 7 of the Bombay Merged Territories and Areas (Jagirs Abolition) Act, 1953] [This portion was substituted for the portion beginning with 'such as is fixed' and ending with '1954' by (Maharashtra 21 of 1975, Section 16(5).].Explanation II. - For the purposes of clause (c), the value of a well shall be the difference between the value of the land which is irrigated by such well as irrigated land, and the value thereof as unirrigated land.
