Compensation payable in certain cases where use of any private wharf, etc rendered unlawful.

(1) Where, as a result of an order published under section 28, or section 31, the use of any wharf, dock, quay, stage, jetty, pier, place of anchorage, made, fixed or erected by any person is rendered unlawful, the Board may, after hearing the person concerned, by order, close, remove, fill up or destroy such wharf, dock, quay, stage, jetty, pier, place of anchorage, or permit the use thereof to such person on payment of such rates and charges as the Board may, with the pervious sanction of the State Government, determine. (2) Save as otherwise provided under sub-section (3) no person shall be entitled to claim compensation for any injury, damage or loss caused or alleged to have been caused by an order made under sub-section (1). (3) If it is proved to the satisfaction of the Board that any such wharf, dock, berth, quay, stage, jetty, pier, or place of anchorage, was made, fixed or erected by any person with the previous permission of the authority competent to grant such permission, be shall be paid by the Board compensation the amount of which shall be determined in the man ner and in accordance with the principles hereinafter set out, that is to say :- (a) in computing the compensation, there shall not be taken into account any rates or other charges which such person shall be liable to pay for using any wharf, dock, berth, quay, stage, jetty, pier, or place of anchorage, provided by the Board; (b) the amount of compensation shall be calculated with reference to the cost of construction of such wharf, dock, berth, quay, stage, jetty, pier, or place of anchorage; (c) where the amount of compensation can be fixed by agreement, it shall be paid in accordance with such agreement; (d) where no such agreement can be reached, the State Government shall appoint as arbitrator, a person who is, or has been, or is qualified for appointment as a Judge of a High Court; (e) the State Government may, in any particulars case, nominate a person possess ing special knowledge of any matter relating to any case under inquiry to assist the arbi trator in determining any question which has to be decided by him under this section, and where such nomination is made the person to be compensated may also nominate an assessor for the same purpose; (f) at the commencement of the proceeding before the arbitrator, the