section 9
Method of compensation for the abolition etc. of other rights in land
The Bombay Paragana and Kulkarni Watans (Abolition) Act, 1950General202118 of 14 sections available
Statutory text
- (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 in the provisions of this Act, such person may apply to the Collector for compensation.
- (2) An application under sub-section
- (1) shall be made to the Collector in a prescribed form on or before the 30th day of April 1954 Provided that where any person is aggrieved by the provisions of section 4A as abolishing, extinguishing or modifying any of his rights to or interest in property, such application shall be made within twelve months from the date on which the Bombay Paragana and Kulkarni Watans (Abolition) (Amendment) Act, 1955, comes into force. The Collector shall, after holding a formal inquiry in the manner provided by the Code, make an award determining the compensation in the manner and according to the method provided for in sections 23
- (1) and 24 of the Land Acquisition Act, 1894, subject to the following conditions, namely :—
- (i) 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, leviable in the village for uncultivated land in accordance with the rules made under the Code or if such rules do not provide for the levy of such assessment, such amount as in the opinion of the Collector shall be the market value of the right or interest held by the claimant;
- (ii) 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. (2A)
- (i) Where the officer making an award under sub-section
- (2) 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
- (2) 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.
- (iii) Every award under sub-section
- (2) shall be in the form prescribed in section 26 of the Land Acquisition Act, 1894.
- (3) Nothing in this section shall entitle any person to compensation on the ground that any watan land which was wholly or partially exempt from the payment of land revenue has been under the provisions of this Act subjected to the payment of full assessment in accordance with the provisions of the Code.
- (4) Any person aggrieved by the award of the Collector made under sub-section
- (2) may appeal to the Bombay Revenue Tribunal constituted under the Bombay Revenue Tribunal Act, 1939, within 60 days from the date of the award.
- (5) In deciding appeals under sub-section
- (4) the Bombay Revenue Tribunal shall exercise all the powers which a Court has and follow the same procedure which the Court follows in deciding appeals from the decree or order of an original Court under the Code of Civil Procedure, 1908.
- (6) In computing the period for filing appeals the provisions of sections 4, 5, 12 and 14 of the Indian Limitation Act, 1908, shall apply to the appeals made under this section.
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