Requisitioning and Acquisition of Immovable Property Act,1952
Act No : 30
Section :
Principles and method of determining compensation.
8. Principles and method of determining compensation. (1) Where any property is requisitioned or acquired under this Act, there shall be paid compensation the amount of which shall be determined 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 Central Government shall appoint as arbitrator a person who is, or has been, or is qualified for appointment as, a Judge of a High Court; (c) the Central Government may, in any particular case, nominate a person having expert knowledge as to the nature of the property requisitioned or acquired to assist the arbitrator and where such nomination is made, the person to be compensated may also nominate an assessor for the same purpose; (d) at the commencement of the proceedings before the arbitrator, the Central Government and the person to be compensated shall state what in their respective opinion is a fair amount of compensation; (e) the arbitrator shall, after hearing the dispute, make an award determining the amount of compensation which 46A appears to him to be just and specifying the person or persons to whom such compensation shall be paid; and in making the award, he shall have regard to the circumstances of each case and the provisions of sub- sections (2) and (3), so far as they are applicable; (f) where there is any dispute as to the person or persons who are entitled to the compensation, the arbitrator shall decide such dispute and if the arbitrator finds that more persons than one are entitled to compensation, he shall apportion the amount thereof amongst such persons; (g) nothing in the Arbitration Act, 1940 (10 of 1940.) shall apply to arbitrations under this section. (2) 1*[The amount of compensation payable for the requisitioning of any property shall, subject to the provisions of sub-sections (2A) and (2B), consist of--] (a) a recurring payment, in respect of the period of requisition, of a sum equal to the rent which would have been payable for the use and occupation of the property, if it had been taken on lease for that period; and (b) such sum or sums, if any, may be found necessary to compensate the person interested for all or any of the following matters, namely:-- (i) pecuniary loss due to requisitioning; (ii) expenses on account of vacating the requisitioned premises; (iii) expenses on account of reoccupying the premises upon release from requisition; and (iv) damages (other than normal wear and tear) caused to the property during the period of requisition, including the expenses that may have to be incurred for restoring the property to the condition in which it was at the time of requisition. 2*[(2A) The recurring payment, referred to in clause (a) of sub- section (2), in respect of any property shall, unless the property is sooner released from requisition under section 6 or acquired under ---------------------------------------------------------------------- 1 Subs. by Act 2 of 1975, s. 3 for certain words. 2 Ins. by s. 3, ibid. 46B section 7, be revised in accordance with the provisions of sub-section (2B)-- (a) in a case where such property has been subject to requisition under this Act for the period of five years or a longer period immediately preceding the commencement of the Requisitioning and Acquistion of Immovable Property (Amendment) Act, 1975 (2 of 1975.)-- (i) first with effect from the date of such commencement, and 1*[(ii) secondly with effect from the expiry of five years, and thirdly with effect from the expiry of ten years, from such commencement;] (b) in a case where such property has been subject to requisition under this Act immediately before such commencement for a period shorter than five years and the maximum period within which such property shall, in accordance with the provisions of sub-section (1A) of section 6, be released from requisition or acquired, extends beyond five years from such commencement,-- (i) first with effect from the date of expiry of five years from the date on which possession of such property has been surrendered or delivered to, or taken by, the competent authority under section 4, and 2*[(ii) secondly with effect from the date of expiry of five years, and thirdly with effect from the date of expiry of ten years, from the date on which the revision under sub-clause (i) takes effect;] 1*[(c) in any other case,-- (i) first with effect from the date of expiry of five years from the date on which possession of such property has been surrendered or delivered to, or taken by, the competent authority under section 4, and 2*[(ii) secondly with effect from the date of expiry of five years, and thirdly with effect from the date of expiry of ten years, from the date on which the revision under sub-clause (i) takes effect.] (2B) The recurring payment in respect of any property shall be revised by re-determining such payment in the manner and in accordance with the principles set out in sub- section (1), read with clause (a) of sub-section (2), as if such property had been requistioned under this Act on the date with effect from which the revision has to be made under sub-section (2A).] ---------------------------------------------------------------------- 1 Subs. by Act 35 of 1980, s. 3 (w.e.f. 7-3-1980). 2 Subs. by Act 20 of 1985, s. 3 (w.e.f. 8-3-1985). 46C 1*[(3) The compensation payable for the acquisition of any property under section 7 shall be the price which the requisitioned property would have fetched in the open market, if it had remained in the same condition as it was at the time of requisitioning and been sold on the date of acquisition.]
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