(7) Where any property is subject to requisition, the Central Government may at any timo acquire suoh property by publishing in the Offioial Gazette a notice to the effoot that the Central Government has decided to acquire tho property in pursuance of this section.
(2) When a notice as aforesaid is published in the Official Gazette, the re.
quisitiojied properly shall, on and from (ho beginning of the day on which the notice is so published, vest absolutely in tho Central Government free from all encumbrances and the period of requisition of such property shall end.
(3) No property shall be acquired under this section except in'the following circumstance a, namely :•—
(a) whoro any works have, during tho period of requisition, been constructed on, in or over, the property wholly or partially at the expense of the Central Government and the Government decides "that the value of, or the right to use, such works should be secured or preserved for tho purposes of Government; or U TSE-fiAZEWH OF iftDlA EXTEAOBDINARY [PART II
(6) where the cost of restoring the property to its condition at the timo if its requisition would, in the determination of the Central Government, be excessive and the owner deolinos to aooopt release from requisition of the property without payment of compensation for so restoring the property.
(4) Any decision or determination of the Central Government under sub-section [3) shall be final and shall not be called in question in any court.
(5) For tho purposes of clause (a) of sub-section (3) " works " includes buildings, structures and improvements of every description.
8. Principles and method of determining compensation [1) Where any property is requisitioned or acquired under this Ordinance, there shall be paid compensation the amount of which shall be determined in the manner and in aooordanoo with the principles hereinafter sot out, that is to say,—
(a) where the amount of compensation can be fixed by agreement, it shall be paid in accordance with suoh agreement ;
(b) where no such agreement can bo reaohed, the Central Government shall appoint as arbitrator a person who is, or has been, or is qualified for appointment as, a Judge of a High Court ;
(c) the Central Government may, in any particular ease, nominate a person having export knowledge as to the nature of the property requisitioned or acquired to assist the arbitrator and where suoh nomination is made, tho person to be compensated may also nominate an assessor for the samo purposo ;
(d) at tho commencement of the proceedings before the arbitrator, tho Central Government and the person to be compensated shall state what in their respective opinion is a fair amount of compensation ;
(e) the arbitrator shall, after hearing the dispute, make an awurd determining the amount of compensation which appears to him to be just and specifying the person or persons to whom such compensation shall be paid ;
and in making tho award, he shall have regard to the circumatanoes of each case and tho provisions of sub-sections (i*) and [3), so far as they are applicable (/) where there is any dispute as to tho person or persons who are entitled to the compensation, tho arbitrator shall decide suoh dispute and if the arbitrator finds that more persons than one are entitled to compensation, he shall apportion the amount thereof amongst such persons ;
{g) nothing in the Arbitration Act, 1040 (X of 1940) shall apply to arbitrations under this seotion.
(2) The amount of compensation payable for the requisitioning of any propert-^ shall consist of—
(a) a recurring payment, in respect of the period of requisition, of a sum equal to the rent which would have been payable for the use and occupation of the property, if it had been taken on lease for that period ; and
(6) such sum or sums, if any, as may be found necessary to compensate the perron interested for all or any of the following matters, namely :
(») pecuniary loss due to requisitioning ;
(i») expenses on account of vacating the requisitioned premises ;
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(iit) expenses on aooount of reocoupying the promises upon release from requisition ; and
(iv) damages (other than normal wear and tear) caused to the property during the period of requisition, including the expenses that may have to be incurred for rostoring the property to the condition in which it was at the time of requisition.
(3) The compensation payable for the acquisition of any property under sootion 7 shall be—•
(a) the prioe whioh the requisitioned property would have fetched in the open market, if it had remained in the same oondition as it was at the time of requisitioning and been sold on the date of acquisition, or
(6) twice the price which the requisitioned property would have fetohed in the open market if it had boon sold on the date of requisition, whiohevor is less.