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[Cites 0, Cited by 0] [Section 7] [Entire Act]

State of West Bengal - Subsection

Section 7(1) in Calcutta Slum Clearance and Rehabilitation of Slum-Dwellers Act, 1958

(1)Any person having interest in any land or hut or structure acquired under this Act shall be entitled to receive from the State Government compensation calculated according to the principles enumerated below, namely:-
(a)For the interest of the owner of the land-
compensation equal to the sum of-
(i)Value of the land determined according to the following table:-
Amount of purchase price. Value of purpose of compensation.
(1) For the first Rs. 5,000 or less of the amount of purchase price. 100 per centumof the amount.
(2) For the next Rs. 5,000 or less of the amount of purchase price. 80 per centumof the amount.
(3) For the next Rs. 5,000 or less of the amount of purchase price. 70 per centumof the amount.
(4) For the next Rs. 5,000 or less of the amount of purchase price. 60 per centumof the amount.
(5) For the balance of the purchase price, and, 55 per centumof the amount.
(ii)Ten times the net annual income derived or derivable by the owner from any huts and structures owned by him.
Explanation. - "Purchase price" means the price which the land fetched or could have fetched in any transaction involving the sale or purchase thereof on the 31st day of December, 1946.
(b)For the interest of a lessee or a sub-lessee of the land-compensation equal to the amount derivable by him for the unexpired period of the lease calculated on the basis of his net annual income from the land and from any huts and structures owned by him provided that when the unexpired period of the lease is ten years or more or when the period of the lease is not specified, the amount of compensation shall not exceed the amount indicated in the following table :
Amount of the net annual income. Amount of compensation.
For the first Rupees One hundred or less of the net annual income. Twenty times the amount.
For the next Rupees One hundred and fifty or less of net annual income. Fifteen times the amount.
For the balance of the net annual income. Ten times the amount.
Explanation. - A lessee or sub-lessee will include a thika tenant as defined in the Calcutta ThikaTenancy Act, 1949, or a tenant who does not hold under an instrument in writing.
(c)For the interest of the owner of any hut or other structure-compensation equal to the cost of construction of a similar hut or other structure as on the date of vesting, after deducting therefrom an amount on account of depreciation calculated at such percentage as may be prescribed having regard to the nature of the materials used in the construction.
Explanation. - (i) "Gross income" means the aggregate of the amounts received or receivable during a year by the owner or the lessee or the sub-lessee on account of the rent of the land and of any huts or structures owned by him.
(ii)"Net income" means the amount arrived at by deducting-from the gross income-
(a)the annual rents and taxes payable by the owner or the lessee or the sub-lessee for such land, huts and structures;
(b)the cost of repairs and maintenance of the huts and structures, if any, calculated at ten per centum of the gross income;
(c)the cost of management and collection calculated at six per centum of the gross income;
(iii)"Net annual income" means the average of the net income calculated over a period of five consecutive years preceding the date of vesting. If only a portion of the land was let out for any period during the five consecutive years as aforesaid, then the gross income for the portion so let out shall be the basis determining the gross income of the entire land for such period.