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State of Gujarat - Section

Section 55 in The Gujarat Tenancy and Agricultural Lands (Vidarbha Region and Kutch) Area Act, 1958

55. Compensation for improvement made by tenant.

(1)A 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] [This word was substituted for the word 'Tahsildar', by Schedule Ill, Clause 1.] in the prescribed form.
(2)The compensation to which a tenant shall be entitled under sub-section (1), shall be the depreciated value of such improvement at the time of the termination of his tenancy. In estimating such value regard shall be had 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.