Section 3(4) in The Maharashtra Restoration Of Lands To Scheduled Tribes Act, 1974
(4)(a)Where lands are restored under clause (i) of sub-section (1), the Collector shall in the prescribed manner determine the value of the improvements, if any, made thereon after such exchange by the Tribal-transferor or the non-Tribal-transferee. If the value of the improvements, if any, made by a Trial-transferor is found to be more, the difference shall be payable by the non-Tribal transferee to the Tribal-transferor; and if the value of the improvements, if any, made by the non-Tribal-transferee is found to be more, the difference shall be payable by the Tribal-transferor to the nontribal-transferee.(b)The amount payable by the Tribal-transferor for the land restored to him under clause (ii) of sub-section (1) shall consist of an amount equal to 48 times the assessment of the land or the amount of consideration paid by the non-Tribal transferee for acquisition of the land whichever is less plus the value of the improvements if any, made by the non-Tribal-transferee therein to be determined by the Collector in the prescribed manner.Explanation.—In determining the value of any improvement under clause (a) or clause (b), the Collector shall have regard to—(i)the labour and capital provided or spent on improvements;(ii)the present conditions of the improvements;(iii)the extent to which improvement is likely to benefit the land during the period of ten years next following the year in which such determination is made; and(iv)such other factors as may be prescribed.(c)The Tribal-transferor, or as the case may be, the non-Tribal-transferee who is found liable to pay the amount representing the difference in the value of improvements as determined by the Collector under clause (a) shall pay the said amount to the non-Tribal-transferee, or as the case may be, the Tribal-transferor, either in lump sum or in such annual instalments not exceeding twelve (with simple interest at 4½ per cent. per annum) as the Collector may direct.(d)The Tribal-transferor, to whom land is restored under clause (ii) of subsection (1) of this section shall pay to the non-Tribal-transferee and other persons claiming encumbrances the amount determined under this sub-section, either in lump sum or in such annual instalments not exceeding twelve (with simple interest at 4½ per cent. per annum) as the Collector may direct.(e)The apportionment of the amount determined under clause (b) amongst the transferee and the persons claiming encumbrances shall be determined by the Collector in the following manner, that is to say:—(i)if the total value of encumbrances on the land is less than the amount determined under clause (b), the value of encumbrances shall be paid to the holders thereof in full;(ii)if the total value of encumbrances on the land exceeds the amount determined under clause (b), the amount shall be distributed amongst the holders of encumbrances in the order of priority: Provided that nothing in clauses (d) and (e) shall effect the right of holder of any encumbrances to proceed to enforce against the non-Tribal-transferee his right in any other manner or any other law for the time being in force.(f)During any period for which payment of rent is suspended or remitted under the relevant tenancy law, the Tribal-transferor or as the case may be, non-Tribal transferee shall not be bound to pay the amount in lump sum or the amount of any instalment fixed under this section or interest thereon, if any.(g)If the Tribal-transferor or as the case may be, non-Tribal-transferee fails to pay the amount in lump sum or remains in arrears of two or more instalments, the amount so remaining unpaid (with interest thereon at 4½ per cent. per annum) shall be recoverable by the Collector as an arrear of land revenue. The amount so recovered shall be paid by the Collector to the non-Tribal-transferee and persons claiming encumbrances, if any, or as the case may be, the Tribal-transferor.
