Section 4A in The Saurashtra Estate Acquisition Act, 1952
4A. [ Acquisition of occupancy rights and purchase of superstructures by tenants and mortgagee in possession of certain village site lands. [Sections 4A and 4B were inserted by Saurashtra Act, No. XXIV of 1956, section 2.]
(1)Notwithstanding anything contained in clause (b) of section 4 or any other law for the time being in force, a tenant or a mortgagee in possession of village site lands on which buildings or structures other than the dwelling houses of artisans and landless labourers are situated, and which are comprised in an estate in respect of which a notification is issued by the Government under section 3, shall at any time within the period specified in sub-section (2), be entitled to acquire occupancy rights therein, and to purchase the superstructure thereon, if it belongs to the Girasdar or the Barkhalidar, on payment to the Girasdar or the Barkhalidar, as the case may be, an amount which shall be equal to the market value of such lands and the superstructure;Provided that where such tenant or mortgagee in possession is an agriculturist, he shall be entitled to acquire such occupancy rights and to purchase the superstructure thereon, on payment of an amount equal to six times the assessment on such land and the market value of the superstructure.[Explanation: - For the purpose of this sub-section a widow, or a minor or a person who is subject to physical or mental disability, or who is in service as a member of the armed forces, or who holds land less in area than an economic holding, shall be deemed to be an agriculturist notwithstanding that she or he has leased the land to any other person for cultivation or is not otherwise cultivating the land personally.](2)Such tenant or mortgagee in possession may apply to the Collector in the prescribed form for acquiring and purchasing occupancy rights and superstructure within [three years] [These words were substituted for the words 'two years' by Bombay LXX1X of 1958, Section 2] from the date of the coming into force of the Saurashtra Estates Acquisition (Second Amendment) Act, 1956.(3)On receipt of an application under sub-section (2) the Collector shall, after holding an inquiry in the prescribed manner, pass an order specifying the amount payable by the tenant or the mortgagee in possession, as the case may be, under sub-section (1).(4)The amount determined by the Collector as payable by mortgagee for possession shall be adjusted against the amount found due to him either by the Board under the Saurashtra Agricultural Debtors' Relief Act, 1974, or by any competent Civil Court.(5)The order passed by the Collector under sub-section (3) shall be deemed to be an award for the purpose of section 8, 10 and 12.Explanation. - For the purpose of this section and this section 4B-(1)"tenant" means a person holding village site land on lease from a Girasdar or the Barkhalidar on payment of rent or vero or a person claiming through such Girasdar or the Barkhalidar and in actual and physical possession of such land;(2)"mortgagee in possession" means a person holding village site land on mortgagee from Girasdar or the Brakhalidar, and who is actually residing or carrying on business in or is using for a religious or charitable purpose a building or superstructure constructed on such village site land;(3)"market value" means the value as estimated in accordance with the provisions of sections 23 and 24 of the Land Acquisition Act, 1894, as adapted, in so far as such provisions may be applicable.
