Section 40. Compensation for infringement of the rights of third parties in exercise of a right of the State.

(1) Whenever in the exercise of any right of the Government referred to in section 35, the rights of any person are infringed by the occupation or disturbance of the surface of any land, the Government shall pay, or cause to be paid to that person compensation for the infringement. (2) The compensation shall be determined as nearly as may be in accordance with the provisions of the *[Land Acquisition Act] for the time being in force.