Barrow Drainage Act, 1927

Mode of fixing amount of compensation.

8.—(1) As soon as may be after the confirmation of the scheme by the Minister for Finance the Commissioners shall proceed to acquire the several lands, and premises, easements, waterrights, and other rights proposed in the scheme to be compulsorily acquired, and the compensation to be paid for such lands, premises, and rights to the several persons entitled thereto or having estates or interests therein or entitled to or having estates or interests in the lands and premises over which such rights are to be acquired shall, in default of agreement, be fixed under and in accordance with the Acquisition of Land (Assessment of Compensation) Act, 1919 .

(2) The amount of the compensation payable—

(a) to any person on account of the compulsory restriction, termination, or other interference with any easement, water-right, or other right; or

(b) to any local authority charged with the maintenance of any public road or bridge on account of the diversion, removal, or other interference with such road or bridge under or in pursuance of the scheme: or

(c) to any person owning a railway or navigation on account of the diversion, removal, or other interference with such railway or navigation under or in pursuance of the 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 the land compulsorily acquired.

(3) When compensation is being assessed in pursuance of this section in respect of any lands, premises or right which are or is occupied, used, or enjoyed with or form or forms part of any mill or factory, regard shall be had to any benefit resulting or which may result from any improvement in the water power of such mill or factory or the constancy of the supply of water to it or relief from back-water which may reasonably be expected to arise from the execution of the works under the scheme.

(4) When compensation is being assessed in pursuance of this section in respect of an interference with a navigation regard shall be had to any benefit to such navigation resulting or which may result from the deepening of the water of such navigation, the improvement of the supply of water thereto or otherwise by reason of the execution of the works under the scheme.

(5) When all the works to be executed under the scheme have been completed and before the draft award is published the Grand Canal Company may require that the compensation payable to them in respect of permanent injury to the navigation of the River Barrow and the canals connected therewith by the execution of the said works shall be assessed under this sub-section and if such requisition is so made the foregoing provisions of this section shall not apply to the assessment of such compensation and in lieu thereof the questions whether any permanent injury has been occasioned to the said navigation by the execution of the said works and whether any permanent benefit has been occasioned to the said navigation by the execution of the said works shall be referred to the arbitration of a competent engineer appointed by the Minister for Industry and Commerce and such engineer shall also determine whether any and, if any, how much compensation is payable to the Grand Canal Company in respect of such permanent injury (if any) after taking into consideration such permanent benefit (if any). The costs of both parties of such arbitration shall be in the discretion of the said arbitrator.

(6) Sections 69 to 83 of the Lands Clauses Consolidation Act, 1845 shall apply to the compensation payable by the Commissioners and to the conveyances of lands, premises, and rights to the Commissioners under this Act, and for the purposes of such application the Commissioners shall be deemed to be the promoters of the undertaking.

(7) No action shall lie at law or in equity against the Commissioners or any of their officers or servants in respect of any act, matter, or thing in respect of which compensation is payable by virtue of this section.