(1) Every application for the determination of payment of compensation shall be made to the officer authorised to determine compensation under section 8, in such manner and in such form, and accompanied by such information, as may be prescribed.
(2) Such application shall,—
(a) in the case of a claim for compensation under sub-section (1) of section 8, be made within three months from the date on which Notice to owner of land or premises requisitioned or to be requisitioned to submit application for compensation.
Officer to whom, manner in which and time with in which application for compensation to be made.
GUJARAT LAND REQUISITION ACT, 1948 1948 : Bom.XXXIII ] the notice under section 9A is published or served, as the case may be ;
(b) in the case of arrears of compensation, where an order determining compensation direct that the amount of compensation shall be paid at a future date or in installments or periodically, be made within three months from the date on which the amount, installment or periodical payment, as the case may be, becomes so payable;
(c) in the case of a claim for compensation under clause (a) of subsection (2) of section 9, be made within three months from the date on which possession was delivered under the said section.
(3) The provisions of section 4 and 5, and of sub-section (1) of section 12, of the Indian Limitation Act, 1908 shall mutatis mutandis apply in relation to applications for determination for payment of compensation under this Act, as they apply in relation to applications described in the First Schedule to that Act.
9C. If an application for compensation under Clause (a) of sub section (2) of Section 9B is not made within the time therein mentioned; the officer may proceed to determine ex parte the amount of compensation and apportionment thereof;
and such determination and apportionment shall; subject to the provisions of Sub Section (3) of Section 8 and of Section 8-A1; be binding on the owner or landlord:
Provided that; if the owner or landlord; within 30 days of the date of the decision of the officer; shows to the satisfaction of the officer that the notice was not duly published or served or that he was prevented by sufficient cause from making his claim in time; the officer shall cancel his decision and proceed to determine the compensation and apportionment thereof after taking into consideration any claim made by the owner or landlord. ]
10. For the purposes of holding an inquiry under Section 8 the authorized officer shall have the same powers as are vested in civil courts in respect of –
(a) Proof of facts by affidavits;–
(b) Summoning and enforcing the attendance of any person and examine him on oath;–
(c) Compelling the production of documents; and
(d) Issuing commissions for the examination of witness.