Vidhi Codex

section 7

Method of compensation for the extinguishment of any rights in land

The Salsette Estates (Land Revenue Exemption Abolition) Act, 1951
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Statutory text
  1. (1) If any estate holder or any other person is aggrieved by any of the provisions of this Act as extinguishing or modifying any of his rights in any property and if such estate holder or person proves that such extinguishment or modification amounts to transference to public ownership of such property, such estate holder or person may apply to the Collector for compensation.
  2. (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.
  3. (3) The Collector shall after 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 any estate shall not exceed the amount calculated at the rate of Rs. 10 per 100 acres of such lands;
    • (b) the amount of compensation for the extinguishment of any right in any waste land or in any other property referred to in clause
    • (c) of section 4, which under the terms of the kowl was the property of the estate holder shall not exceed the amount calculated at the rate of Rs. 25 per 100 acres of such land: Provided further that, in the case of the extinguishment or modification of any other right of any estate holder or any right of any other person, the Collector shall be guided by the provisions of sub-section
  4. (1) of section 23 and section 24 of the Land Acquisition Act, 1894. (3A)
    • (i) Where the officer making an award under sub-section
  5. (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
  6. (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.
      • (iii) Every award under sub-section
  7. (3) shall be in the form prescribed in section 26 of the Land Acquisition Act, 1894.
  8. (4) Subject to the provisions of sub-section (5), the award of the Collector shall be final.
  9. (5) Any person aggrieved by the award or decision of the Collector may appeal to the Bombay Revenue Tribunal constituted under the Bombay Revenue Tribunal Act, 1939.
  10. (6) In deciding appeals under sub-section (5), the Bombay 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.

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