Section 283 in The Maharashtra Municipal Corporations Act, 1949
283. Special provisions as to compensation. - In determining the amount of compensation to be awarded for any land or building acquired for the purposes of this Act, the following further provisions shall apply,-
(1)the Court shall take into consideration any increase to the value of any other land or building belonging to the person interested likely to accrue from the acquisition of the land or from the acquisition, alteration or demolition of the building;(2)when any addition to, or improvement of, the land or building has been made after the date of the publication under sub-section (2) of section 272 of notification relating to the land or building, such addition or improvement shall not (unless it was necessary for the maintenance of the building in a proper state of repair) be included, nor in the case of any interest acquired after the said date shall any separate estimate of the value thereof be made, so as to increase the amount of the compensation to be paid for the land or building;(3)in estimating the market value of the land or building at the date of the publication of a notification relating thereto under sub-section (2) of section 272, the Court shall have due regard to the nature and the condition of the property and the probable duration of the building, if any, in its existing state and to the state of repair thereof and to the provisions of clauses (2), (5) and (6) of this section;(4)if in the opinion of the Court the rental of the land or building has been enhanced by reason of its being used for an illegal purpose, or being so overcrowded as to be dangerous or injurious to the health of the inmates, the rental shall not be deemed to be greater than the rental which would be obtainable if the and or building were used for legal purposes only, or were occupied by such a number of persons only as it was suitable to accommodate without risk of such overcrowding;Explanation. - For, the purposes of this sub-section, overcrowding shall be interpreted as in section 307;(5)if in the opinion of the Court the building is in a state of defective sanitation or is not in reasonably good repair, the amount of compensation shall not exceed the estimated value of the property after the building has been put into a sanitary condition, or into reasonably good repair, less the estimated expense of putting it into such condition or repair;(6)if in the opinion of the Court the building being used or intended or likely to be used for human habitation is not reasonably capable of being made fit for human habitation, the amount of compensation for the building shall not exceed the value of the material, less the cost of the demolition;(7)compensation may be awarded if the Court thinks fit in respect of the severance of any part of a building proposed to be acquired in addition to the value of such part.
