Chapter III COMPENSATION AND AWARD THEREOF

1. (1) In the case of an alienation consisting of-
   • (a) an assignment of the whole or a share of the land revenue of any village, portion thereof or land, or
   • (b) a cash allowance by whatever name called, or
   • (c) a right to receive the amount payable under the Hyderabad (Abolition or Jagirs) Regulation, 1358 (No. LXIX of 1358 F) Fasli read with the India and Hyderabad (Exchange of Enclaves) Order, 1950, a sum equal to seven times the amount of such land revenue or the cash allowance, or as the case may be, of the amount payable as aforesaid shall be paid to the alienee as compensation for the abolition of the alienation.
2. (2) For the purposes of sub-section (1), the amount of land revenue or cash allowance or amount paid or payable as aforesaid shall be the amount received by, or due to, the alienee on account of grant of land revenue or cash allowance or amount paid or payable as aforesaid for the year immediately preceding the appointed day.

A watandar who is in consequence of the provisions of this Act ceases to be entitled to the right to perform the duties of hereditary office shall be entitled to compensation equal to seven times the amount of the total annual emoluments, which was paid or was payable to him during the year immediately preceding the appointed day : Provided that, when the emoluments consisted in whole or in part of the profits of watan land assigned for the remuneration of the officiator, for the purpose of calculating the amount of compensation payable to the watandar, the profits of the watan land so assigned shall be taken to be equal to the amount of full land revenue leviable or levied on it in accordance with the provisions of the Code and the rules thereunder.

An alienee having any right or interest in any property referred to in section 11 shall, if he proves to the satisfaction of the Collector that he had any such right or interest, be entitled to compensation in the following manner, namely :-

1. (a) if the property in question is waste or uncultivated but cultivable land or pasture land, the amount of compensation shall not exceed three times the assessment of the land ;
2. (b) if the property in question is land over which the public has been enjoying or has acquired a right of way or any individual has any right of easement, the amount of compensation shall not exceed the amount of the annual assessment of the land ;
3. (c) if there are any trees or structures on the land, the amount of compensation shall be the market value of such trees or structures, as the case may be ;
4. (d) in the case of minerals, the amount of compensation shall be equivalent to the average of the annual income received by the alienee in respect of minerals during the three years immediately preceding the appointed day. Explanation.- For the purpose of this section the market value means the value as estimated in accordance with the provisions of section 23 and section 24 of the Land Acquisition Act, 1894 (I of 1894), in so far as the said provisions may be applicable.

1. (1) Any alienee entitled to compensation under sections 13, 14 or 15 shall, within the prescribed period, apply to the Collector for determining the amount of compensation payable to him under the said section.
2. (2) On receipt of an application under sub-section (1), the Collector shall, after holding an enquiry in the manner laid down in the Code for holding of a formal inquiry, make an award determining the amount of compensation payable to the applicant. Where there are any co-sharers claiming compensation, the Collector shall by his award apportion the compensations, between the co-sharers.

1. (1) If any person is aggrieved by the provisions of this Act as abolishing, extinguishing or modifying any of his rights to, or interest in, property, and if compensation for such abolition, extinguishment or modification has not been provided for the provisions of this Act, such person may apply to the Collector for compensation.
2. (2) The application under sub-section (1) shall be made to the Collector within the prescribed period and in the prescribed form. The Collector shall, after holding an inquiry in the manner laid down, for the holding of a formal inquiry under the Code, make an award determining the amount of compensation in the manner and according to the method provided for in sub-section (1) of section 23 and section 24 of the Land Acquisition Act, 1894 (I of 1894).
3. (3) Nothing in this section shall entitle any person to compensation on the ground that any alienated land which was wholly or partially exempt from the payment of land revenue has been under the provisions of this Act made subject to the payment of full assessment in accordance with the provisions of the Code.

1. (1) Every award under section 16 or 17 shall be in the form prescribed in section 26 of the Land Acquisition Act, 1894 (I of 1894) and the provisions of that Act shall, so far as may be, apply to the making of such award.
2. (2) Where the officer making an award under this Act is Collector, but not a Collector appointed under the Code, and the amount of such award exceeds five thousand rupees, then the award shall not be made without obtaining the previous approval of the Collector appointed under the Code.

Notwithstanding anything in the Bombay Revenue Tribunal Act, 1957 (Bom. XXXI of 1958) an appeal against an award made by the Collector under this Act shall lie to the Maharashtra Revenue Tribunal constituted under that Act.

1. (1) The Maharashtra Revenue Tribunal shall, after giving notice to the appellant and the State Government, decide the appeal and record its decision.
2. (2) In deciding an appeal, the Maharashtra Revenue Tribunal shall exercise all the powers which a court has and shall follow the same procedure which a court follows, in deciding an appeal from a decree or order of an original court under the Code of Civil Procedure, 1908 (V of 1908).

Every appeal made under this Act to the Maharashtra Revenue Tribunal shall be filed within sixty days from the date of the award of the Collector. The provisions of sections 4 and 12 of the Limitation Act, 1963 (XXXVI of 1963), shall apply to the filing of such appeal.

Notwithstanding anything in the 1Bombay Court-fees Act, 1959 (Bom. XXXVI of 1959), every appeal made under this Act to the Maharashtra Revenue Tribunal shall bear a court-fee stamp of such value as may be prescribed.

An award made by the Collector under this Act, subject to an appeal to the Maharashtra Revenue Tribunal and the decision of the Maharashtra Revenue Tribunal on the appeal under section 19 shall be final and conclusive and shall not be questioned in any suit or proceeding in any court.

All inquiries and proceedings before the Collector and the Maharashtra Revenue Tribunal under this Act shall be deemed to be judicial proceedings within the meaning of sections 193, 219 and 228 of Indian Penal Code (XLV of 1860).

1[25. Compensation to be paid in cash.- Subject to the provisions of the next succeeding section, the amount of compensation payable under this Act shall be paid in cash.]

Before making payment of any compensation amount under this Act to any person, it shall be lawful for the Collector to deduct therefrom-

1. (a) all amounts of arrears of land revenue, cesses or dues in respect of any alienated land, which are certified by the Collector to have had become due for payment by such persons on or before the appointed day, and
2. (b) the whole or part of the amount of any loan advanced by the State Government together with interest thereon, if any, which is certified by the Collector to have had become due for repayment by such person on or before the appointed day : Provided that, the total amount so deducted shall not exceed one-third of the amount of compensation awarded.