(1) Whenever any, land is acquired under section 4, there shall be paid to every person interested an amount which shall be determined by the Collector in the manner and in accordance with the· principles of section 23 of the Land Acquisition Act, 1894, so far as they may be applicable:
Provided th~t the market value referred to in clause first of sub-section (l) of section 23 of the said Ad shall, in respect of any land acquired under this Act, be deemed to be the price which such land would have fetched in the open market if it had remained in the same state and condition . as it was on the date of the order of requisition under section 3 and been 'sold on the date of the publication of the notification referred to in sub-section (2) of section 4.
(2) When the amount has been determinined under sub-section (I), the Collector shall, in accordance with the provisions of section 11 of Land Acquisition Act, 1894, so far as they may be applicably, make an award under his hand of- 1 of 1894.
(i) the true area of the land;
(ii) the amount determined as payable for the land; and
(iii) the apportionment of the said amount among all the persons known or believed to be interested, of whom, or of whose claims, he has information, whether or not they have respectively appeared before him:
Provided that interest at the rate of six per centum per annum on the amount under the award from the date of the publication of the notification under sub-section (2) of section 4 until payment shall be included.
(3) (a) Such award shall be filed in the office of the Collector and shall, except as hereinafter provided, be final and conclusive evidence, as between the Collector and the persons interested in the land, whether they have respectively appeared before the Collector or not of the true area and value of the land and the apportionment of the amount among the persons interested;
(b) the Collector shall give, in the prescribed manner, immediate notice of his award to such of the persons interested in the land as are not present personally or by their representatives when the award is made;
(c) Upon an award being made under the foregoing provisions, the Collector shall proceed to make payment in accordance with the provisions contained in sections 3 I to 33 of the Land Acquisition Act, 1894, so far as they may be applicable.
2 ["8. (1) Where any land is requisitioned under section 3, there shall be paid to the person interested in respect of the requisitioning of the land an amount, if any, as may be fixed by agreement between the Collector and the person interested and approved by the State Government in the manner prescribed and the Collector shall make an award ordering payment of such amount;
(2) Where the Collector and the person interested do Amount payable for requisition.
2. Subs. by sec. 2 of the Slkkim Land (Requisition and Acquisition) Amd. Act. No. 13 of 1978 (w. e. f. 22.4. 1978).
not agree as to the amount or where the agreement arrived at by and between them is not approved by the State Government or where the person interested cannot be traced or does not appear before the Collector when called upon to be present for the purpose of the .deterrnination of the amount, the amount payable for the requisitioning of the land shall consist of.c.-
(a) a recurring payment, in respect of the period of requisition, of a sum which would have been payable for the use and occupation of the land, if it had been taken on lease for that period; and
(b) such sum or sums, if any, as may be found necessary to compensate the person interested for all or any of the following:-
(i) pecuniary loss doe to requisitioning;
(ii) expenses on account of vacating the requisitioned land;
(iii) expenses on account of reoccupying the land upon release from requisition, and
(iv) damage (other than normal wear and tear or due to natural causesj-caused to the land during the period of requisition, including the expenses that may have to be incurred for restoring the land to the condition in which it was at the time of requisition;
and the Collector shall make an award ordering payment of the amount so determined and shall give in the prescribed manner immediate notice of his award to the person interested in the land if he is not present personnally or by his representative when the award is made.]
Reference to Court. 9. (1) The Collector shall, in every case, where any person interested being aggrieved by an award made under sub-section
(2) of section 7 or ~ [* * *] sub-section (2) of section 8, makes an application requiring the matter to be referred to the Court, refer the matter for the decision of the Court.
(2) The application shall state the grounds on which objection to the award is taken and shall be made-
(a) If the applicant was present or represented ----- I. Omitted by sec. 2 of the Sikkim Land (Requisition and Aquisition) Amd. Act, No. 13 of 1978 (w. c. f. 22.4.1978).
before the Collector at the time when the award was, ·made within six weeks from the date of making, of the. award;
(b) in other cases, within six weeks of the receipt of the notice from the Collector under clause (b) of subsection (3) of section 7 or clause (b) of sub-section. (2) of section 8, as the case may be, or within six months from the, date of the making of the award by the Collector whichever period shall first' expire.
(3) . The provisions contained in" sections 19 to 22 and sections 25 to 28 of the Land Acquisition Act, 1894, so far as they may be applicable and the principles set out in sub-section (1) and sub-section (2) of section 7 and
4. [* * *] sub-section (2) of section 8 of this Act so far as they may be applicable, shall apply. in respect of any reference made' t~ the Court under sub-s~ction (1).
(4) No person who has received any amount under the award otherwise than. under· protest shall be entitled to make any application under sub-section (I).