Amendment status not verified — confirm the current text below against the official source.
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, Power to acquire requisitioned property. Payment of compensation. Bombay Requisitioned Property (Continuance of Powers) (Saurashtra Area) Act,1958. [1958 : Bom.LVI 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 its 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, 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 in 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 its first requisition, and net 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.