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Report No. 10

4. Bombay Land Requisition Act, 1948 (XXXIII of 1948), as amended by Acts II of 1950, XXXIX of 1950, XL of 1951, V of 1952, V of 1953, XVII of 1955 and LII of 1955

Section 5 confers the power on the State Government to requisition any land for the purpose of the State or any other public purpose. It exempts buildings which have been in the actual occupation of the landlord or the tenant for a continuous period of 6 months preceding the date of order.

Section 7 lays down that, notwithstanding anything contained in the Requisitioned Land (Continuance of Powers) Act, 1947, the State Government may direct that any land which was requisitioned under that Act, shall continue to be subject to requisition under this Act for any purpose of the State or any other public purpose. Further, it provides that compensation in respect of such land continued subject to requisition shall be determined and paid in accordance with the provisions of this Act, excepting those agreements and awards made in respect of land earlier.

Section 8 lays down that an officer authorised by the State Government shall hold an inquiry and determine the amount of compensation which according to him would be just. In arriving at the compensation, it is provided that he shall be guided by the provisions of sub-section (1) of section 23 and section 24 of the Land Acquisition Act, 1894. The same officer shall decide any dispute as to the apportionment of compensation.

Sub-section (3) provides that an appeal shall lie within a period of 60 days against the decision of the officer to the High Court in Greater Bombay and to the District Court elsewhere, except in cases where the total amount of compensation does not exceed an amount prescribed in this behalf by the State Government. There shall be no further appeal against this.

Section 9(c) provides that in the absence of application for compensation within the time specified, the officer may determine ex parte the amount of compensation and apportionment.

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