Arterial Drainage Act, 1945
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Acquisition of and compensation for lands, rights, etc. |
14.—(1) As soon as may be after the date of the order of the Minister confirming a drainage scheme, the Commissioners shall proceed to acquire the several lands, easements, fisheries, water-rights, navigation-rights, and other rights proposed in such drainage scheme to be compulsorily acquired save that it shall not be obligatory on the Commissioners to acquire compulsorily any land, easement, fishery, water-right, navigation-right, or other right proposed in such drainage scheme to be so acquired in respect of which it appears to the Commissioners, in the course of carrying out such drainage scheme, that the acquisition of such land, easement, fishery, water-right, navigation-right, or other right is not necessary for the purpose of such carrying out. | |
(2) The compensation to be paid by the Commissioners for lands, easements, fisheries, water-rights, navigation-rights, and other rights compulsorily acquired in pursuance of the foregoing sub-section of this section to the several persons entitled thereto or having estates or interests therein or entitled to or having estates or interests in the lands over or in respect of which the rights so to be acquired are exercisable shall, in default of agreement, be fixed under and in accordance with the Acquisition of Land (Assessment of Compensation) Act, 1919 , with and subject to the modification that the arbitrator at the arbitration under that Act shall be such person as shall be nominated for the purpose by the Reference Committee from the Panel of Drainage Arbitrators. | ||
(3) It shall not be obligatory on the Commissioners to make any interference with any land, easement, fishery, water-right, navigation-right, or other right or any road or bridge proposed in a drainage scheme to be compulsorily made in respect of which it appears to the Commissioners, in the course of carrying out such drainage scheme, that such interference is not necessary for the purpose of such carrying out. | ||
(4) The amount of compensation payable to any person on account of the compulsory substantial interference with any land or the compulsory restriction, termination, or other interference of or with any easement, fishery, water-right, navigation-right, or other right or the diversion, removal, or other interference of or with any private road or bridge under or in pursuance of a drainage scheme, shall, in default of agreement, be fixed under and in accordance with the Acquisition of Land (Assessment of Compensation) Act, 1919, in like manner as if such compensation were the price of land compulsorily acquired, but with and subject to the modification that the arbitrator at the arbitration under that Act shall be such person as shall be nominated for the purpose by the Reference Committee from the Panel of Drainage Arbitrators. | ||
(5) Sections 69 to 83 of the Lands Clauses Consolidation Act, 1845 , shall apply to the compensation payable by the Commissioners under this section and for the purposes of such application the Commissioners shall be deemed to be the promoters of the scheme. | ||
(6) No action shall lie at law or in equity against the Minister or the Commissioners or any officer, agent, or servant of the Minister or the Commissioners in respect of any act, matter, or thing in respect of which compensation is payable by virtue of this section or either of the two next following sections. |