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Report No. 10

18. The West Bengal Premises Requisition and Control (Temporary Provisions) Act, 1947 (V of 1947), as amended by Acts IV of 1949, XV of 1950, X of 1953 and VII of 1954

With the exception of premises used for religious worship, any premises may be requisitioned by the State Government for any public purpose by an order in writing and such order shall be final.

Section 11 lays down the procedure for fixing compensation. Compensation shall be paid as follows:-

(a) If agreement is reached, the sum agreed.

(b) In the absence of agreement, the Government shall appoint a District Judge or an Additional District Judge as an arbitrator.

(c) The Government may also nominate a person having expert knowledge as to the nature of the premises as an assessor; likewise, the person to be compensated may also nominate an assessor.

(d) At the commencement of proceedings before the Arbitrator, the Government as well as the person to be compensated may state what in their is fair amount of compensation.

(e) The Arbitrator shall be guided by the provisions contained in section 12 below.

(f) An appeal shall lie to the High Court against the Arbitrator's award.

(g) Except for what is expressly provided herein or under this Act, nothing relating to arbitration shall apply to the arbitration mentioned hire.

If, apart from natural wear and tear or other natural causes, any damage is done compensation shall be paid for that as well; here also in case of disagreement, arbitrator will decide the point.

Section 12 deals with matters to be considered while fixing compensation. The following factors will be taken into, consideration:-

(1) Rent payable in respect of the premises,

(2) Reasonable expenses incidental to change of residence or business, if any, caused,

(3) Damage or loss of income sustained between date of service of order under section 3 and date of taking possession.

Law of Acquisition and Requisitioning of Land Back

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