Section 9 in The Himachal Pradesh Requisition of Immovable Property Act, 1987
9.
(1)Where any property is requisitioned under this Act, there shall be paid compensation the amount of which shall be determined in the manner and in accordance with the principles hereinafter set out, that is to say--(a)Where the amount of compensation is fixed by agreement, it shall be paid in accordance with such agreement;(b)where no such agreement can be reached, the Government shall appoint as an arbitrator a person who is or has been or is qualified for appointment as a Judge of a High Court;(c)the Government may, in any particular case, nominate a person having expert knowledge as to the nature of the property requisitioned to assist the arbitrator and where such nomination is made, the person to be compensated may also nominate an assessor for the same purpose;(d)at the commencement of the proceedings before the arbitrator, the Government and the person to be compensated shall state what in their respective opinion is a fair amount of compensation;(e)the arbitrator shall, after hearing the dispute, make an award, within a period of one year reckoned from the date of order of requisition made by the competent authority under sub-section (2)of section 3, determining the amount of compensation which appears to him to be just and specifying the person or persons to whom such compensation shall be paid; and in making the award, he shall have due regard to the circumstances of each case and the provisions of sub-section (2) of this section;(f)where there is any dispute as to the person or persons who is/are entitled to the compensation, the arbitrator shall decide such dispute and if the arbitrator finds that more than one persons are entitled to compensation, he shall apportion the amount thereof amongst such persons; and(g)nothing in the Arbitration Act, 1940 (10 of 1940) shall apply to arbitration under this section.(2)The amount of compensation payable for the requisition of any property shall, subject to the provisions of sub-sections(3) and (4), consist of--(a)a recurring payment, in respect of the period of requisition, of a sum equal to the rent which would have been payable for the use and occupation of the property, 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 in all or any of the following matters, namely;--(i)pecuniary loss due to requisition;(ii)expenses on account of vacating the requisitioned premises;(iii)expenses on account of re-occupying the premises upon release from requisition; and(iv)damages (other than normal wear and tear) caused to the property during the period of requisition, including the expenses that may have to be incurred for restoring the property to the same condition in which it was at the time of requisition.(3)The recurring payment, referred to in clause (a) of sub-section (2), in respect of any property shall, unless the property is sooner released from requisition under section 6, be revised in accordance with the provision of sub-section (4),-(a)in a case where such property has been subject to requisition for a period of five years or a longer period immediately preceding the commencement of this Act-(i)in the first instance with effect from the date of such commencement, and(ii)further with effect from the expiry of five years from such commencement;(b)in a case where such property has been subject to requisition immediately before such commencement for a period shorter than five years and the maximum period within which such property shall, in accordance with the provisions of sub-section (2) of section 6, be released from requisition, extends beyond five years from the date of its requisition,-(i)in the first instance with effect from the date of expiry of five years from the date on which possession of such property has been surrendered or delivered to, or taken by, the competent authority under section 4, and(ii)further with effect from the date of expiry of a period of five years from the date on which the revision made under clause (i) takes effect;(c)in any other case, with effect from the date of expiry of five years from the date on which possession of such property has been surrendered or delivered to, or taken by, the competent authority under section 4.(4)The recurring payment in respect of any property shall be revised by re-determining such payment in the manner and in accordance with the principles set out in sub-section (1) read with clause (a) of sub-section (2), as if such property had been requisitioned under this Act on the date with effect from which the revision has to be made under sub-section (3).(5)Where there are several persons interested in the compensation, it shall be lawful for the Government either on its own motion or on an application from any person interested therein, to appoint the same or any other arbitrator to make an award or supplementary award in respect of the disputes.Explanation. - In computing the period referred to in clause(e) of sub-section (1), any period or periods during which proceedings are held up on account of any stay or injunction by an order of any court, shall be excluded.
