Section 10 in The Gujarat Water and Gas Pipelines (Acquisition of Right of User in Land) Act, 2000
10. Compensation.
(1)Where in the exercise of the powers conferred by section 5, 7 or 8 by any person, any damage, loss or injury is sustained by any person interested in the land under which the pipeline is proposed to be, or is being, or has been laid, the State Government or, as the case may be, the Corporation shall be liable to pay compensation to such person for such damage, loss or injury, the amount of which shall be determined by the competent authority in the first instance.(2)If the amount of compensation, determined by the competent authority under sub-section (1) is not acceptable to either of the parties, the amount of compensation shall, on application by either of the parties to the Collector within the limits of whose jurisdiction the land or any part thereof is situated, be determined by that Collector.(3)The competent authority or, as the case may be, the Collector while determining the compensation under sub-section (1) or, as the case may be, sub-section (2), shall have due regard to the damage or loss sustained by any person interested in the land by reason of-(i)the removal of trees or standing crops, if any, on the land while exercising the powers under section 5, 7 or, as the case may be, section 8;(ii)the temporary severance of the land under which the pipeline has been laid from other lands belonging to, or in the occupation of such person, or(iii)any injury to any other property whether movable or immovable, or the earnings of such persons caused in any other manner:Provided that in determining the compensation no account shall be taken of any structure or other improvement made in the land after the date of the publication of the notification under sub-section (1) of section 3.(4)Where the right of user of any land has vested in the State Government or, as the case may be, the Corporation it shall, in addition to the compensation, if any, payable under sub-section (1), be liable to pay to the owner and to any other person whose right of enjoyment in that land has been affected in any manner whatsoever by reason of such vesting, compensation calculated at ten per cent of the market value of that land on the date of publication of the notification under sub-section (1) of section 3.(5)The market value of the land on the said date shall be determined by the competent authority and if the value so determined by that authority is not acceptable to either of the parties, it shall, on application by either of the parties to the Collector referred to in sub-section (2), be determined by that Collector.(6)The decision of the Collector under sub-section (2) or (5) shall be final.
