Method of compensation for extinguishment or modification of any rights and interests in land.

114. Method of compensation for extinguishment or modification of any rights and interests in land.- (1) If a khot or any other person is aggrieved by any of the provisions of this Act as extinguishing or modifying any of his rights to, or interests in, land and if such person proves that such extinguishment or modification amounts to transference to public ownership of any land or any right or interest in or over such land, such person may apply to the Collector for compensation.

1. (2) Such application shall be made in the form prescribed by rules made under this Act within six months from the date on which this Act comes into force.
2. (3) The Collector shall after holding a formal inquiry in the manner provided by the Code award such compensation as he deems reasonable and adequate : Provided that-
   • (a) the amount of compensation for the extinguishment of the right of reversion in lands in a khoti village shall not exceed the amount calculated at the rate of Rs. 2 per 100 acres of such lands,
   • (b) the amount of compensation for the extinguishment of any right to appropriate any uncultivated and waste lands not appropriated by any khot and not entered in the revenue or survey records as khoti or khoti khasgi immediately before the 1st day of August 1953, shall not exceed the amount calculated at the rate of Rs. 5 per 100 acres of such land : Provided further that, in the case of the extinguishment or modification of any other right of a khot or any right of any other person, the Collector shall be guided by the provisions of sub-section (1) of section 23 and section 24 of the Land Acquisition Act, 1894 (I of 1894). 2[(3A) (i) Where the officer making an award under sub-section (3) is a Collector under this Act but not a Collector appointed under section 8 of the Code and the amount of such award exceeds five thousand rupees, then the award shall not be made without the previous approval of-
   • (a) the Collector appointed under section 8 of the Code, if the amount of the award does not exceed twenty-five thousand rupees, or
   • (b) the Commissioner, if the amount of the award exceeds twenty-five thousand rupees but does not exceed one lakh of rupees, or
   • (c) the State Government, if the amount of the award exceeds one lakh of rupees.
     • (ii) Where the officer making an award under sub-section (3) is a Collector under this Act and also a Collector appointed under section 8 of the Code, and the amount of such award exceeds twenty-five thousand rupees, then such award shall not be made without the previous approval of-
   • (a) the Commissioner, if the amount of the award does not exceed one lakh of rupees ; or
   • (b) the State Government if the amount of the award exceeds one lakh of rupees, or
     • (iii) Every award under sub-section (3) shall be in the form prescribed in section 26 of the Land Acquisition Act, 1894 (I of 1894).]
3. (4) Any person aggrieved by the award of the Collector may appeal to the 3[Maharashtra Revenue Tribunal constituted under the Bombay Revenue Tribunal Act, 1957 (Bom. XXXI of 1958).]
4. (5) In deciding appeals under sub-section (4), the 4[Maharashtra Revenue Tribunal] shall exercise all the powers which a Court has and follow the same procedure which a Court follows in deciding appeals from the decree or order of an original Court under the Code of Civil Procedure, 1908 (V of 1908).
5. (6) The award made by the Collector subject to an appeal to the 5[Maharashtra Revenue Tribunal] and the decision of the 6[Maharashtra Revenue Tribunal] on the appeal shall be final and conclusive and shall not be questioned in any suit or proceeding in any Court.