Section 5P in The Bombay land Requisition (Determination of Compensation) Rules, 1949
5P. [ [Inserted by G. N. of 16.6.1976.]
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, 1974 (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 increases by additions to rent made by him by orders under rules 5-E, 5-I-and 5-K, and a tax has been levied in respect of such residential premises in accordance with section 3 of the Maharashtra Tax on Residential Premises Act, 1974 (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 rent 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 such premises under section 5 of the said Act had the allottee been a tenant in respect of such residential premises :[Provided that,-(a)where any such residential premises is not included in the list of taxable premises prepared under sub-section (1) of section 28 of the Maharashtra Tax on Buildings (with larger Residential Premises (Re-enacted) Act, 1979 (hereinafter referred to as "the Act of 1979"), any amount paid by the Government or on its behalf by the Government allottee to the landlord on account of the increase made under this rule shall be refunded by the landlord to the Government or as the case may be, to the Government allottee, either in lumpsum or in such instalments as the Compensation Officer may direct or, if so directed by the Compensation Officer, may be adjusted against any compensation payable by the Government or on its behalf, by the Government allottee to the landlord;(b)where any such residential premises is included in the aforementioned list of taxable premises but the amount of tax payable under the Act of 1979 in respect of such premises for any month during the period from the 1st April, 1974 to the 31st March, 1979 is less than the amount paid by the Government or, on its behalf, by the Government allottee for that month of account of the increase made under this rule, then the whole of the amount paid by the Government or, on its behalf, by the Government allottee in excess during the said period shall be refunded by the landlord to the Government or, as the case may be to the Government allottee either in lumpsum or in such instalments as the Compensation Officer may direct or, if so directed by the Compensation Officer, may be adjusted against any compensation payable by the Government or, on its behalf, by the Government allottee to the landlord;(c)where any such residential premises is included in the aforementioned list of taxable premises and the amount of tax payable under the Act of 1979 in respect of such premises for any month during the period from the 1st April, 1974 to the 31st March, 1979 is more than the amount paid by the Government or, on its behalf, by the Government allottee for that month on account of the increase made under this rule, then the whole of the amount equal to the difference between the amount of tax payable during the said period and the amount paid by the Government or, on its behalf, by the Government allottee during the said period on account of such increase shall be paid by the Government or as the case may be, on its behalf, by Government allottee to the landlord either in lumpsum or in such instalments as the Compensation Officer may direct.]Explanation. - For the purpose of this rule, the expression "residential premises" and "Corporation area" shall have the same meanings as are, respectively, assigned to them in the said Act.]
