Bombay Forfeited Lands Restoration Act, 1938, (Maharashtra) Section 9 - Bare Act

(1) Subject to the provisions of sub-sections (3), (4) and (5), the amount of compensation to be awarded for the land shall, after making deductions in respect of matters specified in sub-section (2), be -

(a) the amount paid to the Provincial Government as occupancy price for the land,

(b) the amount of expenditure incurred in making improvements on the land after its disposal by the Provincial Government until the date of the declaration under section 4,

(c) the amount of land revenue paid in respect of the land after its disposal by the Provincial Government until the date of the award, and

(d) interest at the rate of 4 per cent, per annum on the amounts mentioned in (a), (b) and (c) until the date of the award.

(2) In determining the amount of the compensation to be awarded, the Tribunal shall make deductions in respect of the following matters, namely :-

(a) the profits, if any, received by the holder for the time being from the land during the period mentioned in clause (c) of sub-section (1), and

(b) any damage resulting from any act, permanently injurious or destructive to the land, committed by the holder for the time being or any person acting on the behalf during the period mentioned in clause (c) of sub-section (1) :

Provided that, the amount of compensation to be awarded under sub-section (1) shall not in any case be less than the total of the amount mentioned in clauses (a) and (b) of the said subsection.

(3) If the holder for the time being, within 15 days from the date of the publication of the notice under section 5, intimates in writing to the Collector that he is willing to receive as compensation a sum equal to the amounts mentioned in clauses (a) and (b) of sub-section (1) together with the interest thereon at the rate and for the period mentioned in clause (d) of the said sub-section, the amount of compensation to be awarded for the land shall be the said sum without making any deductions therefrom in respect of any of the matters mentioned in sub-section (2).

(4) In cases where the holder for the time being is not the person to whom the land was disposed of by the Provincial Government but has purchased the land in good faith and for consideration before the first day of April, 1938, the amount of compensation to be awarded shall be -

(a) the amount paid by such holder as price for the land, and

(b) the amount of expenditure incurred by such holder in making improvements on the land until the date of the declaration under section 4,

(5) In cases where the land is subject to any mortgage or charge which has been made or, created in favour of a person who has advanced money in good faith, the amount of compensation to be awarded to such person shall be -

(a) the unpaid balance of the principal advanced, and

(b) if such person is not in possession of the land, the unpaid amount of interest payable on the principal at such rate as may have been specified in the instrument of mortgage or charge but not exceeding 7 1/2 per cent. per annum.

Nothing in this sub-section shall bar the right of such person to enforce his rights against the mortgagor or the person who created the charge in respect of the balance due to him.

(6) In addition to the amount of compensation, awarded under sub-section (1), (3), (4) or (5), as the case may be, the Tribunal shall in every case award a sum of 15 per cent. on the said amount.

Explanation.--

For the purposes of this section "holder for the time being" means the person who is the owner of the land on the date of the declaration under section 4.