(1)Whenever in pursuance of sub-section (1) of Section 91-B any property is requisitioned, there shall be paid compensation determined in the manner and in accordance with the principles hereinafter set out, that is to say-(a)where the amount of compensation can be fixed by agreement, it shall be paid in accordance with such agreement;(b)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 requisitioned property is situate;(c)no compensation shall be payable to any person other than a person who, in the opinion of the State Government or the arbitrator owns or has an interest in the tank requisitioned;(d)during the period the tank remains under requisition, the amount of compensation payable annually on the person owning or having an interest in such tank shall not exceed the average annual income of such person during the three years immediately preceding the requisition calculated after deducting the expenditure incurred on the maintenance of such tank from-(i)irrigation dues;(ii)use of the tank for growing singhara, fishing or any other purpose of like nature whether by the person aforesaid himself or his lessee;(iii)sale of grass from the embankment of the tank.
