Section 26 in The Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Rules, 1963
26. Payment of compensation to a land-holder whose lands are situated within the jurisdiction of more than one Collector and the procedure regarding publication of compensation assessment roil under Section 23.
(1)if the lands of a land-holder which are acquired or deemed to be acquired under the Act are situated within the jurisdiction of more than one Collector, the assessment of compensation shall be made and the compensation assessment roll in respect of all such lands prepared in Form L.C. 20 by the Collector within whose jurisdiction the largest portion of the total area acquired or deemed to be acquired is situated.(2)Before finalising the draft roll the Collector shall give a reasonable opportunity to the land-holder or other persons concerned including the mortgagee or the charge holder to be heard and to place before him evidence', if any. He shall also record a brief summary of the evidence adduced, if any, and record his findings with reasons.(3)After draft compensation assessment roll has been prepared in the manner laid down in sub-rule (1) the Collector, with the approval of such authority as may be notified by the Government in this behalf, shall cause it to be published for a period of thirty days by affixing a copy thereof together with a public notice in Form L.C. 21 to the notice board of the office where the draft compensation assessment roll is prepared.(4)A copy of the draft assessment roll together with a copy of the public notice in Form L.C. 21 shall also be sent, by registered post with acknowledgement due, to the persons whose names appear in the draft assessment roll.(5)The records shall be kept in charge of the Collector who has prepared the roll and he shall give every reasonable facility to all persons concerned for inspecting the roll.(6)Any person interested in the compensation assessment roll may be allowed to take relevant extracts thereof and if any person asks for a copy of the roll it shall be issued on payment of the charges prescribed in the Bihar Records Manual, 1951.(7)The final publication of the draft compensation assessment roll under subsection (5) of Section 23 shall be made in the manner laid down in sub-rule (3), and such application under sub-section (6) of the said Section shall be made in the manner prescribed in sub-rules (3) and (4).(8)(a)When a compensation assessment roll has been finally published under sub-section (5) or sub-section (6) the Collector shall, within a period of 30 clear days from the date on which the roll is declared to have been finally published, endorse a certificate thereon stating the date of final publication thereof and shall date and subscribe the same in Form L.C. 22.(b)If after the final publication and certification, any bona fide mistake is detected, the Collector may correct it after giving the parties concerned a reasonable opportunity of showing cause why it should not be a corrected and thereafter he may correct the mistake and republish the roll finally.(9)When one roll is prepared for an entire undivided Hindu family, specifying the share of and the amount of compensation payable to each member, the entire amount of compensation, representing in the aggregate the amounts payable to each member, may be sanctioned and paid by the Collector to the Karta or any adult member of the family, on behalf of all the co-sharers including minors or persons of unsound mind on his producing letters of authority from them or their guardian, as the case may be, empowering the karta or the adult member to receive payment in their behalf, after obtaining from such karta or adult member an indemnity bond in Form L.C. 23.(10)Where the payment of compensation is to be made to a minor or a person of unsound mind, who is the solitary claimant to such payment, the payment shall be made to his guardian after obtaining from him an indemnity bond in Form L.C. 23.(11)If in the opinion of the Collector, a genuine dispute arises with regard to the interest of a land-holder in the land or a part thereof, acquired or deemed to be acquired by the State Government under the Act, or his right to receive the compensation, the Collector shall withhold payment of the compensation to the extent disputed until such time as the dispute is decided by him.
