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State of Assam - Section

Section 18 in The Assam Highway Act, 1989

18. Amount of compensation how determined.

(1)When a claim is transferred for disposal under sub-section (3) of Section 17 to an officer exercising the powers of a Collector under the Land Acquisition Act, 1894 as amended from time to time, such officer shall make an award determining the amount of compensation payable to the claimant.
(2)The amount of compensation awarded under sub-section (1) shall, In no case, exceed the difference between the market value of the land when permission had been granted. Sale deeds of five consecutive years preceding the date of publication of the notification are taken into consideration in a comparative statement. Average value of the comparative statement is considered to be market value of the land in the vicinity where compensation of the land is to be determined.
(3)No compensation shall be awarded under sub-section (1) :
(i)unless the claiming satisfies the officer making the award that proposals for the development of the land, which at the date of application under sub-section (2) of Section 14 were immediately practicable, or would have been practicable on that date if this Act had not been passed, were prevented or injuriously affected by the restrictions imposed under this Act and that there was demand for such development, or
(ii)if and in so far as the land is subject to substantially similar restrictions in force under some other enactment which were so inforce at the date when the restrictions were imposed under this Act, or
(iii)if compensation in respect of the same restrictions inforce under this Act or of substantially similar restrictions in force under any other enactment has already been paid in respect of the land to the claimant or to any predecessor in Interest of the claimant,
(4)The Provisions of III, IV, V and VII of the Land Acquisition Act, 1894, shall, so far as may be, apply to an award made under sub-section (1) as though it were in award made under that Act.