section 8
Payment to compensation.
The Gujarat Land Requisition Act, 1948(1) When any land is requisitioned or is continued to be subject to requisition under this Act, there shall be paid, subject to the provisions of section 7, compensation to persons having interest in such land the amount of which shall be determined by an officer authorized in this behalf by the State Government who shall hold an inquiry in the manner prescribed. The officer shall determine such amount of compensation as he deems just having regard to all the circumstances of the case ; and in particular he shall be guided by the provisions of sub-section (1) of section 23 and section 24 of the Land Acquisition Act, 1894, (as in force in the) Bombay area of the State of Gujarat in so far as they can be made applicable.
(2) Where there are several persons interested in the land, the officer shall decide the dispute, if any, as to the apportionment of the amount of compensation or any part thereof or as to the persons to whom the same or any part thereof is payable.
(3) An appeal shall lie against the decision of the officer under sub-section (1) or (2), except in cases where the total amount of compensation in respect of the land does not exceed an amount prescribed in this behalf by the State Government— (b) to the District Court. Such appeal shall be made within a period of sixty days from the date of the decision. Explanation.- For the purposes of this section, the total amount of compensation shall mean in cases where the amount of compensation is paid in a lump sum, such sum, and in cases where it is paid periodically, such multiple of the amount of compensation as may be prescribed.
(4) No further appeal shall lie against any decision in appeal under sub-section (3). (b) The officer authorized in this behalf by the State Government shall determine such amount of compensation as he deems just and his decision subject to an appeal to the State Government, shall be final. Such appeal shall be made within period of a thirty days from the date of the decision.
(3) When any land is to be released from requisition, the State Government may, after making such inquiry, if any, as it deems fit, specify by order in writing the person to whom possession of the land shall be given.
(4) The delivery of possession of the land to the person specified in an order made under sub-section (3) shall be a full discharge of the State Government from all liability in respect of such delivery but shall not prejudice any rights in respect of the land which any other person may be entitled by due process of law to enforce against the person to whom possession of the land is so delivered.
(5) Where the person to whom possession of any requisitioned land is to be given cannot be found and has not agent or other person empowered to accept a delivery on his behalf the State Government shall cause a notice declaring that the land is released from requisition to be affixed on some conspicuous part of the land and shall publish the notice in the Official Gazette.
(6) When a notice referred to in sub-section (5) is published in the Official Gazette, the land specified in such notice shall cease to be subject to requisition on and from the date of such publication and be deemed to have been delivered to the person entitled to possession thereof; and the State Government shall not be liable for any compensation or other claim in respect of the land for any period after the said date.
(7) For the purpose of releasing any land from requisition, the State Government may, by order direct the person to whom the State Government had given possession of such land and other person, if any, in occupation of such land to deliver possession thereof to the officer authorized in this behalf by the State Government.
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