Bombay Requisitioned Property (Continuance of Powers) (Saurashtra Area) Act, 1958
Bombay Act No. 56 of 1958
guj174
LEGISLATIVE HISTORY 6 |
(i) where any works have, during the period of requisition, been constructed on, in or over land wholly or partly at the expense of the State Government, and the State Government decides that the value of, or right to use such works should be preserved or secured for the purposes of the State Government; or
(ii) where the cost of restoring any land to its condition at the time of its requisition would in the determination of the State Government be excessive having regard to the value of the land at that time, and the owner declines to accept the release from requisition of the land without payment of compensation from the State Government.
(4) Any decision or determination of the State Government under sub-section (3) shall be final and shall not be called in question in any court. (5) For the purposes of clause (i) of sub section (3) "works" includes buildings, structures and improvements of every description. 6. Payment of Compensation. - Where under this Act any requisitioned property is continued under requisition for a period and is thereafter released from requisition or is acquired, compensation for such continued requisition and, as the case may be, acquisition of the property shall be determined and paid 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 State Government shall appoint as arbitrator the District Judge, or the Additional District Judge or any Civil Judge having jurisdiction over the area in which the property or any portion thereof was situate at the time of requisition or acquisition, as the case may be;
(c) the State Government may in any particular case nominate a person having special knowledge as to the nature of the property acquired to assist the arbitrator and where such nomination is made, the person to be compensated may also nominate an assessor for the said purpose;
(d) at the commencement of the proceedings before the arbitrator, the State Government and the person to be compensated shall State what in their respective opinions is a fair amount of compensation;
(e) the arbitrator in making his award shall in the case of moveable property have regard to the market price of such property and in the case of immoveable property have regard to the provisions of sub-section (1) of section 23 of the Land Acquisition Act, 1894 (I of 1894), as adapted and applied to the Saurashtra area of the State so far as the same is applicable and whether the acquisition is of a permanent or temporary character:
Provided that where any property requisitioned is subsequently acquired, the arbitrator in any proceeding in connection with such acquisition shall for the purposes of the provisions of the said section take into consideration the market value of the property at the date of it? first requisition, and not at the date of its subsequent acquisition;(f) an appeal shall lie to the High Court against the award of the arbitrator;
(g) save as provided in this Act and in any rules made thereunder, nothing in any law for the time being in force shall apply to arbitrations under this section.
7. Power to obtain information. - (1) The State Government may, with a view to carrying out the purposes of sections 3 to 6, by order require any person to furnish to such authority as may be specified in the order, such information in his possession relating to any requisitioned property as may be so specified. (2) Every person required to furnish such information as is referred to in sub-section (1) shall be deemed to be legally bound to do so within the meaning of sections 176 and 177 of the Indian Penal Code (XLV of 1860). 8. Delegation of functions. - The State Government may, by order notified in the Official Gazette, direct that any power conferred or any duty imposed on it by this Act shall in such circumstances and under such conditions, if any, as may be specified in the direction be exercised or discharged also by such officer not being in the opinion of the State Government below the rank of a Collector, as may be so specified. 9. Protection of action taken under the Act. - (1) No suit, prosecution or other legal proceeding shall lie against any person for anything in good faith done or intended to be done under this Act or any order made thereunder. (2) Save as otherwise expressly provided under this Act, no suit or other legal proceeding shall lie against the State Government for any damage caused or likely to be caused by anything in good faith done or intended to be done in pursuance of this Act or any order made thereunder. 10. Rules. - (1) The State Government may make rules for the purposes of carrying into effect the provisions of this Act. (2) In particular and without prejudice to the generality of the foregoing power such rules may prescribe,(i) the procedure to be followed in arbitrations under section 6, and
(ii) the principles to be followed in apportioning the costs of proceedings before the arbitrator and on an appeal.