Section 4(1) in The Central Provinces and Berar Accommodation (Requisition) Act, 1948
(1)Whenever in pursuance of Section 3 any accommodation is requisitioned, the owner shall be paid compensation determined in the manner and in accordance with the principles hereinafter set out, that is to say,(i)where the amount of compensation can be fixed by agreement, it shall be paid in accordance with such agreement;(ii)where no such agreement can be reached, the State Government shall appoint as arbitrator the District Judge or the Additional District Judge or any Civil Judge having jurisdiction over the area in which the accommodation is situate;(iii)at the commencement of the proceedings before the arbitrator the State Government and the person to be compensated shall state what in then respective opinion is a fair amount of compensation ;(iv)the arbitrator in making his award shall have regard to the provisions of sub-section (1) of Section 23 of the Land Acquisition Act, 1894, (1 of 1894) so far as the same can be made applicable and also to any reasonable expenses, if any, incurred in vacating the accommodation by the occupied [if such occupier is not entitled to compensation under sub-section (2-A) of this section] [Added by Madhya Pradesh Act, XXIX of 1951, Section 4 (a).];(v)an appeal shall lie to the High Court against the award of an arbitrator;(vi)save as provided in this section and in any rules made thereunder, nothing in any law for the time being in force shall apply to arbitrations under this section.
