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Section 238

Claim for compensation

of Land Code, 1958

State OrdinanceIn forceProvision 199 of 209
Section 238

—

(1)

Any question arising under this Part as to—

(a)

the right of a claimant to recover compensation; or

(b)

the amount and manner of payment of compensation, shall, unless the parties concerned otherwise agree, be referred to and determined by the High Court:

Provided that the Court may on its own motion or at the request of any of the parties, if it thinks fit, call in the assistance of one or more persons as assessors who shall advise the Court of their opinions; but in the case of any difference of opinion, the opinion of the Court shall prevail.

(2)

The Court shall cause the respective parties to appear before it and it shall be lawful for the Court to hear and determine the claim in a summary manner and, for that purpose, to examine the parties or any of them and their witnesses.

(3)

The determination by the Court of a claim under this section shall be final, and the Court shall allow such costs (including the certified expenses of the assessors, if any) as it may think fit.