Section 22:
Payment of amount for prohibition of construction, etc.
(1) If in consequence of any
direction contained in any notification issued under sub-section (1) of section 21 any person sustains any
loss or damage, such person shall be paid an amount which shall be determined 1[by an order of the
competent authority] in the first instance.
(2) If the amount determined by the competent authority is not acceptable to either of the parties, the
amount shall,
2[on an appeal preferred by either of the parties, within sixty days from the date of the order
of the competent authority, to the appellate authority, be determined by an order of the appellate
authority].
(3) The competent authority or the 3[appellate authority], while determining the amount under
sub-section (1) or sub-section (2), as the case may be, shall take into consideration--
(i) the loss or damage sustained by such person in his earnings;
(ii) the diminution, if any, of the market value of the land or building immediately after the date
of publication of such notification;
(iii) where in pursuance of any direction any building has been demolished or any additions or
alterations to such building have been made or any development has been desisted by such person,
the damage sustained by him in consequence of such demolition or the making of such additions or
alterations or the desisting from making such development and the expenses incurred by such person
for such demolition or additions or alterations:
Provided that the expenses incurred for such demolition or additions or alterations shall not be taken
into consideration if such demolition or additions or alterations has or have been done by the metro
railway administration under sub-section (2) of section 36;
(iv) if any such person is compelled to change his residence or place of business the reasonable
expenses, if any, that may have to be incurred by him incidental to such change.
Notes:
1. Subs. by Act 41 of 1982, s. 13, for "by the competent authority" (w.e.f. 15-5-1983).
2. Subs by s. 13, ibid., for certain words (w.e.f. 15-5-1983).
3. Subs. by Act 41 of 1982, s. 2, for "arbitrator" (w.e.f. 15-5-1983).