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Report No. 10

3. The Bihar Premises Requisition (temporary provisions) Act, 1949 (XV of 1950), as amended by Acts, XXII of 1951, IV of 1953 and XXXVI of 1954

Section 3 confers the power to requisition any premises for a public purpose. It also provides for an opportunity to show cause against such order. It exempts premises used for religious, charitable or educational purposes. The order passed by the State Government requisitioning any premises shall be final.

Section 11 lays down the procedure for fixing compensation. The compensation shall be the agreed sum or in the absence of agreement the State Government shall appoint a District Judge as arbitrator. Also persons having expert knowledge may be nominated by the Government as well as the party to be compensated to assist the arbitrator to whom both of them shall state as to what would be fair compensation. In making the award, the arbitrator shall be guided by the provisions of sub-section (1) of section 23 of the Land Acquisition Act, 1894. An appeal shall lie to the High Court agairis7 the order of the arbitrator. Excepting those provided under this Act, nothing in any law relating to arbitration shall apply. Compensation should also be paid for any damage done during the period of requisition other than normal wear and tear. If agreement cannot be reached even in respect of this, the matter shall be referred to the arbitrator.

Section 12 enumerates the matters to be taken into consideration in fixing compensation by agreement. They shall be the rent payable, reasonable expenses incurred due to change of residence and the damage or loss of income sustained by the person concerned between the date of service of order and the date of taking possession.

Law of Acquisition and Requisitioning of Land Back

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