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Bombay Presidency - Section

Section 5Y in The Bombay land Requisition (Determination of Compensation) Rules, 1949

5Y. [ [Inserted by G. N. of 21.8.1982.]

Notwithstanding anything contained in these rules, where the amount of compensation payable as rent in respect of any residential premises in any corporation area, has been determined before the 1st day of April, 1979 (hereinafter referred to as "the said date") under sub-section (1) of section 8 of the Act (such amount being an amount inclusive of any increase by an addition to rent made in pursuance of any order made by the Compensation Officer under any of the foregoing rules but exclusive of any increase by addition to rent made by him by order under rule 5-P), and a tax has been levied in respect of such residential premises in accordance with section 3 of the Maharashtra Tax on Buildings (with larger Residential premises) (Re-enacted) Act, 1979 (Bombay XXIX of 1979) (hereinafter referred to as "the said Act") (being the tax which the owner of such residential premises is entitled to recover under section 5 of the said Act), the Compensation Officer may by a general or special order, direct that the amount of compensation so determined in respect of such residential premises shall, on and from the said date, be increased per month by an amount equal to the proportionate increase which the landlord would have been entitled to make in the rent in respect of premises under section 5 of the said Act, had the allottee been a tenant of such residential premises.Explanation. - For the purpose of this rule, the expressions "residential premises" and "corporation area" shall have the same meaning as are, respectively, assigned to them in the said Act.]