(1) Subject to the provisions of sub-section (3), where any requisitioned property continues to be subject to requisition under section 3, the State Government may acquire it by serving on the owner thereof or, where the owner is not readily traceable or the ownership is in dispute, by publishing in the Official Gazette a notice stating that the State Government has decided to acquire the property in pursuance of this section.
(2) Where a notice of acquisition is served on the owner of the requisitioned property, or published in the Official Gazette under sub-section (1), then at the beginning of the day on which the notice is so served or published the property shall vest absolutely in the State Government free from all encumbrances and the period of the requisition thereof shall end.
(3) No requisitioned property being immovable property, shall be acquired under this section except in the following circumstances, namely :-
(i) where any works have, during the period of requisition, been constructed on, in or over land wholly or partly at the expense of the State Government, and the State Government decides that the value of, or right to use such works should be preserved or secured for the purposes of the State Government ; or
(ii) where the cost of restoring any land to its condition at the time of its requisition would in the determination of the State Government be excessive having regard to the value of the land at that time, and the owner declines to accept the release from requisition of the land without payment of compensation from the State Government.
(4) Any decision or determination of the State Government under sub-section (3) shall be final and shall not be called in question in any court.
(5) For the purposes of clause (i) of sub section (3) “works” includes buildings, structures and improvement of every description.
6. Where under this Act any requisitioned property is continued under requisition for a period and is thereafter released from requisition or is acquired, compensation for such continued requisition and, as the case may be, Power to acquire requisitioned property.
Payment of compensation.
Bombay Requisitioned Property (Continuance of Powers) (Saurashtra Area) Act,1958.
[1958 : Bom.LVI acquisition of the property shall be determined and paid in the manner and in accordance with the principles hereinafter set out, that is to say-
(a) where the amount of compensation can be fixed by agreement its shall be paid in accordance with such agreement ;
(b) where no such agreement can be reached, the State Government shall appoint as arbitrator the District Judge, or the Additional District Judge or any Civil Judge having jurisdiction over the area in which the property or any portion thereof was situate at the time of requisition or acquisition, as the case may be ;
(c) the State Government may in any particular case nominate a person having special knowledge as to the nature of the property acquired to assist the arbitrator and where such nomination is made, the person to be compensated may also nominate an assessor for the said purpose ;
(d) at the commencement of the proceedings before the arbitrator, the State Government and the person to be compensated shall state what in their respective opinions is a fair amount of compensation ;
(e) the arbitrator in making his award shall in the case of moveable property have regard to the market price of such property and in the case of immoveable property have regard to the provisions of sub-section (1) of section 23 of the Land Acquisition Act, 1894, as adapted and applied to the Saurashtra area of the State so far as the same is applicable and whether the acquisition is of a permanent or temporary character :
Provided that where any property requisitioned in subsequently acquired, the arbitrator in any proceeding in connection with such acquisition shall for the purposes of the provisions of the said section take into consideration the market value of the property at the date of its first requisition, and net at the date of its subsequent acquisition ;
(f) an appeal shall lie to the High Court against the award of the arbitrator ;
(g) save as provided in this Act and in any rules made thereunder, nothing in any law for the time being in force shall apply to arbitrations under this section.