a[ 9 B. Payment of compensation.- (1) If in consequence of any direction contained in any notification issued under sub- Section (1) of section 9 A, any person sustains any loss or damage, such person shall be paid compensation the amount of which shall be determined in the manner and in accordance with the principles hereinafter set out, that is to say, -
(a) where the amount of compensation can be fixed by agreement, it shall be paid in accordance with such agreement;
(b) where no such agreement can be reached, the Central Government shall appoint as arbitrator a person who is or has been qualified for appointment as a Judge of a High Court;
(c) the Central Government may, in any particular case, nominate a person having expert knowledge as to the nature of the loss or damage suffered by the person to be compensated and where such nomination is made, the person to be compensated may also nominate an assessor for the same purpose;
(d) at the commencement of the proceedings before the arbitrator, the Central Government and the person to be compensated shall state what, in their respective opinion, is a fair amount of compensation;
(e) the arbitrator shall, after hearing the dispute, make an award determining the amount of compensation which appears to him to be just and specify the person or persons to whom such compensation shall be paid and in making the award he shall have regard to the circumstances of each case and, -
(i) the damage sustained by the person to be compensated in his earnings;
(ii) if in consequence of any direction contained in any notification issued under sub- section (1) of section 9 A the market value of the land immediately after the issue of such notification is diminished, the diminution in such market value;
(iii) where any building or structure has been demolished or any tree has been cut or the height of any building, structure or tree has been reduced in pursuance of any direction, the damage sustained by the person to be compensated in consequence of such demolition, cutting or reduction and the expenses incurred by such person for such demolition, cutting or reduction;
(iv) if the person to be compensated 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;
(f) where there is any dispute as to the person or persons who are entitled to the compensation, the arbitrator shall decide such dispute and if the arbitrator finds that more persons than one are entitled to compensation, he shall apportion the amount thereof amongst such persons;
(g) nothing in the Arbitration Act, 1940 shall apply to arbitrations under this section.
(2) Every award made by the arbitrator under clause (e) of sub- section (1) shall also state the amount of costs incurred in the proceedings before it and by what persons and in what proportions they are to be paid.
[a] Inserted by the Aircraft (Amendment) Act (12 of 1972), S.10 (20-4-1972).
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