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[Cites 0, Cited by 0] [Section 4] [Entire Act]

State of West Bengal - Subsection

Section 4(6) in The Calcutta Metropolitan Planning Area (Use And Development Of Land) Control Act, 1965

(6)If on the application of the owner of a property the State Government is satisfied that in consequence of any direction issued regarding any of the matters specified in clause (a) or clause (c) or clause (g) of sub-section (1) the owner has been prevented from making reasonably beneficial use of property or part thereof in its existing state, the State Government shall -
(a)exempt the property specifically from the direction; or
(b)modify the direction in such manner as will enable the owner to make reasonably beneficial use of the property or part thereof in its existing state; or
(c)acquire the property or part thereof under the Land Acquisition Act, 1894:
Provided that -
(a)in determining the amount of compensation to be awarded for property to be acquired in pursuance of this Act -
(i)the date of notification under sub-section (5) issuing the direction shall be the date with respect to which the market value of the land under sub-section (1) of section 23 of the Land Acquisition Act, 1894, shall be determined.
(ii)the additional sum of fifteen per centum on the market value as provided by sub-section (2) of section 23 of the Land Acquisition Act, 1894, shall not be payable; and
(b)when the amount of compensation has been determined an interest at the rate of six per centum per annum shall be payable on such amount from the date of the notification under sub-section (5) till the date of its payment.