Section 36E in Bihar Private Irrigation Works Act, 1922
36E. Determination of compensation.
(1)The Collector shall consider all claims made under sub-section (1) of [Section 36D] [Substituted by Act 37 of 1950.] and shall determine the amount of compensation if any, which should be paid and the person to whom such amount should be paid.(2)In determining the amount of compensation to be paid under sub-section (1) the Collector shall take into consideration the following matters and no other matter. -(a)the market value of the land or right injuriously affected at the time when the act was done or the work executed;(b)the damage sustained by the claimant by reason of such act or work injuriously affecting the land or right;(c)the consequent diminution of the market value of the land or right injuriously affected when the act was done or the work executed; and(d)whether the claimant has derived or is likely to derive any benefit from the act or work in respect of which the compensation is claimed or from any work connected therewith in which case the estimated value of such benefit, if any, shall be set off against the compensation which would otherwise be paid to such person.(3)In addition to the market value of the land or right as above provided, the Collector shall in every case award a sum of fifteen per centum on such market value.
