Revolutionising Law Reporting !
 |
 |
 |
| Install Now! | Install Now! | Install Now! |
Maharashtra Forfeited Lands Restoration Act, 1938
Act No. 22 of 1938
MH81
(i) the amount of compensation to be awarded for the land; and
(ii) the respective interests of the persons claiming compensation.
(2) The Tribunal shall then make an award stating the amount of compensation which in its opinion should be awarded for the land. Such award shall be in writing and where there are several persons interested in the land, the award shall also state the amount of compensation to be awarded to each. 8. Procedure before Tribunal. - Save as otherwise provided by or under this Act, the provisions of the Code of Civil Procedure, 1908, shall, so far as may be, apply to any enquiry before the Tribunal under this Act. 9. Amount of compensation. - (1) Subject to the provisions of sub-sections (3), (4) and (5), the amount of compensation to be awarded for the land shall, after making deductions in respect of matters specified in sub-section (2), be-(a) the amount paid to the Provincial Government as occupancy price for the land,
(b) the amount of expenditure incurred in making improvements on the land after its disposal by the Provincial Government until the date of the declaration under section 4,
(c) the amount of land revenue paid in respect of the land after its disposal by the Provincial Government until the date of the award, and
(d) interest at the rate of 4 per cent per annum on the amounts mentioned in (a), (b) and (c) until the date of the award.
(2) In determining the amount of the compensation to be awarded, the Tribunal shall make deductions in respect of the following matters, namely:-(a) the profits, if any, received by the holder for the time being from the land during the period mentioned in clause (c) of sub-section (1), and
(b) any damage resulting from any act, permanently injurious or destructive to the land, committed by the holder for the time being or any person acting on his behalf during the period mentioned in clause (c) of sub-section (1):
Provided that the amount of compensation to be awarded under sub-section (1) shall not in any case be less than the total of the amount mentioned in clauses (a) and (b) of the said sub-section. (3) If the holder for the time being, within 15 days from the date of the publication of the notice under section 5, intimates in writing to the Collector that he is willing to receive as compensation a sum equal to the amounts mentioned in clauses (a) and (b) of sub-section (1) together with the interest thereon at the rate and for the period mentioned in clause (d) of the said sub-section, the amount of compensation to be awarded for the land shall be the said sum without making any deductions therefrom in respect of any of the matters mentioned in sub-section (2). (4) In cases where the holder for the time being is not the person to whom the land was disposed of by the Provincial Government but has purchased the and in good faith and for consideration before the first day of April 1938, the amount of compensation to be awarded shall be-(a) the amount paid by such holder as price for the land, and
(b) the amount of expenditure incurred by such holder in making improvements on the land until the date of the declaration under section 4.
(5) In cases where the land is subject to any mortgage or charge which has been made or created in favour of a person who has advanced money in good faith the amount of compensation to be awarded to such person shall be-(a) the unpaid balance of the principal advanced, and
(b) if such person is not in possession of the land, the unpaid amount of interest payable on the principal at such rate as may have been specified in the instrument of mortgage or charge but not exceeding 71/2 per cent. per annum.
Nothing in this sub-section shall bar the right of such person to enforce his rights against the mortgagor or the person who created the charge in respect of the balance due to him. (6) In addition to the amount of compensation awarded under sub-section (1), (3), (4) or (5), as the case may be, the Tribunal shall in every case award a sum of 15 per cent. on the said amount. Explanation.- For the purposes of this section "holder for the time being" means the person who is the owner of the land on the date of the declaration under section 4. 10. Payment amount awarded - (1) After the award is made, the Collector shall tender payment of the amount awarded to the persons entitled thereto according to the award and shall pay it to them unless prevented by any of the contingencies mentioned in sub-section (2). (2) If such persons do not consent to receive it or if any of them is under any legal disability and there is no person competent to receive it on his behalf, the amount awarded or part thereof, as the case may be, shall remain in deposit with the Collector for a period of three years from the date of the deposit or from the date when the person entitled to receive it ceases to be under a legal disability, as the case may be. After the expiry of the said period, such amount, if not paid, shall lapse and shall be credited to the revenues of the Province. 11. Arrangement instead of money compensation. - Notwithstanding anything contained in this Act, the Tribunal may, with the sanction of the Provincial Government, instead of awarding money compensation in respect of any land, make any arrangement with the person having interest in such land, either by grant of another land in exchange or in such other way as may be equitable. 12. Award or arrangement to be final and conclusive. - The award made by the Tribunal under section 7 or any arrangement arrived at under section 11 shall be final and binding on all persons interested in the land. 13. Possession of land to be taken after declaration and land to vest absolutely in Provincial Government. - (1) After the expiration of fifteen days from the publication of the notice under section, 5, the Provincial Government may, at any time, direct the Collector to take possession of the land mentioned in the declaration under section 4. On such direction being given the Collector shall take possession of the land. (2) If at the time of taking possession of the land under sub-section (1), there are any standing crops on the land, the Collector shall offer to the persons interested such compensation as is in his opinion reasonable for the said corps. The decision of the Collector regarding the amount of such compensation shall subject to the provisions of sub-section (3) be final. In case, such offer is not accepted, the Collector shall keep the amount of such compensation in deposit and the provisions of sub-section (2) of section 10 shall, so far as may be, apply to such deposit. (3) Any person aggrieved by the decision of the Collector regarding the amount of compensation under sub-section (2) may within fifteen days from the date of the said decision appeal to the Tribunal. The decision of the Tribunal in such appeal shall be final. (4) Such land shall, on its possession being taken by the Collector under subsection (1), vest absolutely in the Provincial Government free from all encumbrances and the Provincial Government may restore it to the original holder thereof on such terms and conditions as it thinks fit. 14. Rules. - The Provincial Government may make rules for the purpose of carrying out the objects of this Act.
