Vidhi Codex

section 8

Payment of compensation

The Bombay Land Requisition Act, 1948
General194833 sections
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Statutory text
  1. (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 sections 7 and 7A, compensation to persons having interest in such land the amount of which shall be determined by an officer authorised 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
  2. (1) of section 23 and section 24 of the Land Acquisition Act, 1894 (as in force in the Bombay area of the State of Maharashtra) in so far as they can be made applicable.
  3. (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.
  4. (3) An appeal shall lie against the decision of the officer under sub-section
  5. (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,—
    • (a) in Greater Bombay, to the High Court, and
    • (b) elsewhere, 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.
  6. (4) No further appeal shall lie against any decision in appeal under sub-section (3). 8-A1. Power of State Government to call for record The State Government may,—
    • (a) in cases in which no appeal lies under sub-section
  7. (3) of section 8, or
    • (b) in cases in which such appeal lies, but has not been filed within the period specified in the said sub-section (3), after the period for filing such appeal has expired, call for the record of the inquiry or proceedings of the officer, who has given the decision under sub-section
  8. (1) or
  9. (2) of the said section 8, for the purpose of satisfying itself as to the legality, propriety or regularity of such inquiry or proceedings, and may pass such order thereon as it deems fit.

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