23. Certain lands to be at the disposal of the Board and compensation therefor.- (1) Any land which, before the commencement of this Act, has been used for the purpose of obtaining earth or other materials for the construction or repair of any embankment shall be deemed to be at the disposal of the Board for such purpose for the use or removal of such earth or other materials.
(2)If any person is aggrieved by the provisions of sub-section (1) as abolishing, extinguishing or modifying any of his rights to or interest in property, such person may apply in the prescribed manner and within the prescribed period to the Collector for compensation.(3)The Collector shall, after holding a formal inquiry in the manner provided in the Bombay Land Revenue Code, 1879, (Bom. V of 1879.) make an award determining the amount of compensation in the manner and according to the method provided for in section 23 and section 24 of the Land Acquisition Act, 1894 (I of 1894.) as in force in the area in which the property is situated.(4)Subject to the provisions of sub-sections (2) and (3) the provisions of the said Land Acquisition Act, 1894 (I of 1894) shall mutatis mutandis apply to such award(5)Nothing in the foregoing provisions of this section shall apply to the abolition, extinguishment or modification of any right to or interest in property which is deemed to be at the disposal of the Board under section 23 of the Bombay Khar Lands Act, 1948 (Bom. LXX II of 1948).
