Determination of amount of compensation in default of agreement
Section 28 of the Dadra and Nagar Haveli and Daman and Diu Highways Act, 1974 deals with determination of amount of compensation in default of agreement. In default of any agreement under section 27, the Highway Authority or the officer authorised by the Government shall, subject to the provisions of this Act, after holding an enquiry make an award determining - (a) the true area of the land, if any, acquired;
(1) In default of any agreement under section 27, the Highway Authority or the officer authorised by the Government shall, subject to the provisions of this Act, after holding an enquiry make an award determining - (a) the true area of the land, if any, acquired;
(b) the amount of compensation to be paid under section 26;
(c) the apportionment, if any, of such compensation among all persons known or believed to be entitled thereto.
(2) In determining the amount of compensation, the Highway Authority or the officer so authorised shall be guided by the provisions contained in section 9[28] and other relevant provisions of 10[the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013] subject to the modification that references in section 11[28] of that Act to the date of publication of the notification under sub-section (1) of section 4 thereof, were references to the date on which the declaration under section 15 of this Act is published; and the references to the time or date of publication of the declaration under section 12[19] of that Act were references to the date of publication of the declaration under section 15 of this Act.
Section 28, The Dadra and Nagar Haveli and Daman and Diu Highways Act, 1974 (Act 10 of 1974).
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
This section refers to
- s. 4 Appointment of Highway Authorities
- s. 9
- s. 11 Exemption for works in progress, etc
- s. 12 Setting back of buildings to building line or control line
- s. 15 Acquisition of land or right or interest in land
- s. 26 Doing minimum damage in certain cases and compensation
- s. 27 Determination of amount of compensation by agreement
Questions about Section 28
What does Section 28 of the Dadra and Nagar Haveli and Daman and Diu Highways Act deal with?
Section 28 of the Dadra and Nagar Haveli and Daman and Diu Highways Act is headed "Determination of amount of compensation in default of agreement". In default of any agreement under section 27, the Highway Authority or the officer authorised by the Government shall, subject to the provisions of this Act, after holding an enquiry make an award determining - (a) the true area of the land, if any, acquired;
How do I find court cases under Section 28 of the Dadra and Nagar Haveli and Daman and Diu Highways Act?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: Dadra and Nagar Haveli and Daman and Diu Highways Act 28, section 28 Dadra and Nagar Haveli and Daman and Diu Highways Act, section 28 of the Dadra and Nagar Haveli and Daman and Diu Highways Act. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome.
What should I read with Section 28 of the Dadra and Nagar Haveli and Daman and Diu Highways Act, and has it changed?
Its own text turns on section 4 (Appointment of Highway Authorities), section 9, section 11 (Exemption for works in progress, etc), section 12 (Setting back of buildings to building line or control line), and on 3 further provisions, so none of them can safely be read on its own. 3 other provisions in this corpus refer back to it.
When was the Dadra and Nagar Haveli and Daman and Diu Highways Act enacted?
Dadra and Nagar Haveli and Daman and Diu Highways Act was enacted in 1974 as Act 10 of 1974. India Code records no commencement date for it. It is in force as at the date shown on this page.
Other sections of this Act
- 2. Definitions1018 words
- 9. 904 words
- 73. Savings526 words
- 7. Powers to fix boundary building and control lines of highways511 words
- 23. Prevention of encroachment458 words
- 72. Power to make rules444 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Read from the Government's own scanned gazette with Azure Document Intelligence, then split into sections by their numbering. India Code publishes no text for this Act. The scan itself is mirrored into our own storage and served at /scan/4ffaed16-478f-4509-890d-f966c4f645a6.pdf, so the reading here can be checked against the page it came from without depending on India Code's own copy staying where it is (it was at https://indiacode.gov.in/server/api/core/bitstreams/deeaff17-b117-4743-992c-9050266f1248/content). This page is not a substitute for legal advice.