8. Payment of compensation. - (1) When any land is requisitioned or is continued to be subject to requisition under this Act, there shall be paid, subject to the provisions of section 7, compensation to persons having interest in such land the amount of which shall be determined by an officer authorised in this behalf by the [State] Government who shall hold an inquiry in the manner prescribed. The officer shall determine such amount of compensation as he deems just having regard to all the circumstances of the case; and in particulars he shall be guided by the provisions of sub-section (1) of section 23 and section 24 of the Land Acquisition Act, 1894 (I of 1894) [(as in force in the [Bombay area of the State of Gujarat]) in so far as they can be made applicable.
(2)Where there are several persons interested in the land, the officer shall decide the dispute, if any, as to the apportionment of the amount of compensation or any part thereof or as to the persons to whom the same or any part thereof is payable.(3)An appeal shall lie against the decision of the officer under sub-section (1) or (2), except in cases where the total amount of compensation in respect of the land does not exceed an amount prescribed in this behalf by the [State] Government,-[***](b)[*] to the District Court, such appeal shall be made within a period of sixty days from the date of the decision.[Explanation: - For the purposes of this section, the total amount of compensation shall mean in cases where the amount of compensation is paid in a lump sum, such sum, and in cases where it is paid periodically, such multiple of the amount of compensation as may be prescribed.](4)No further appeal shall lie against any decision in appeal under sub-section (3).[8A. Landlord's duty to execute necessary repairs. - Where any premises are requisitioned or continued under requisition under this Act, the State Government may, subject to any agreement entered into by the appropriate Government with the landlord of the premises, whether such premises are requisitioned or continued under requisition either before or after the coming into force of the Bombay Land Requisition (Amendment) Act, 1950(Bombay II of 1950), by order in writing direct him to execute such repairs as shall in its opinion be necessary or sufficient to keep the premises in a good and tenantable condition and as may be specified in the order, within the time mentioned therein. If the landlord fails to execute such repairs, the State Government may cause such repairs to be executed at the expense of the landlord and the cost thereof may, without prejudice to any other mode of recovery, be deducted from the compensation payable to the landlord.][8A1. Power of State Government to call for record. - The State Government may,-(a)in cases in which no appeal lies under sub-section (3) of section 8, or(b)in cases in which such appeal lies, but has not been filed within the period specified in the said sub-section (3), after the period for filing such appeal has expired,call for the record of the inquiry or proceedings of the officer, who has given the decision under sub-section (1) or (2) of the said section 8, for the purpose of satisfying itself as to the legality, propriety or regularity of such inquiry or proceedings, and may pass such order thereon as it deems fit. Any order passed by the State Government under this section shall be final.][8AA. Revision of amount of compensation. - (1) (a) In a case where any land which has been subject to requisition under this Act for a period of five years or a longer period immediately preceding the commencement of the Bombay Land Requisition (Gujarat Amendment) Act, 1985 (Gujarat 13 of 1985), the amount of compensation determined under section 8 shall, in respect of such land be revised with effect from the date of such commencement.(b)In a case where any land which has been subject to requisition under this Act immediately before such commencement for a period shorter than five years and the maximum period within which such land shall, in accordance with the provisions of sub-section (1-A) of section 9, be released from such requisition extends beyond five years from such commencement, the amount of compensation determined in respect of such land under section 8 shall be revised with effect from the date of expiry of five years from the date on which possession of such land had been surrendered or delivered to or taken by the State Government or any officer authorised or empowered by the State Government.(2)The provision of section 8 and section 8-A-l shall, so far as may be, apply to the revision of the amount of compensation under this section as they apply to the determination of the amount of compensation under section 8, as if such land had been requisitioned or continued to be subject to requisition, under this Act on the date with effect from which the revision has to be made under sub-section (1).][8B. Vacation of requisitioned land and recovery of dues as arrear of land revenue. - Where the State Government has either before or after the coming into force of the Bombay Land Requisition (Amendment) Act, 1950 (Bombay II of 1950), allotted to any person any land requisitioned or continued under requisition under this Act or where any person continues or is permitted to, continue to, remain in occupation or possession of such land, the State Government may, notwithstanding anything contained in any law for the time being in force, by order in writing direct the person to whom such land is allotted or the person who continues or is permitted to continue to remain in occupation or possession of such land or any other person for the time being in occupation of such land to vacate the same within such period as may be specified in the order and deliver possession thereof to the officer authorised in this behalf by the State Government.(2)If any person to whom any such land or premises are allotted by the State Government fails to pay to the State Government any sum which he is liable to pay under the terms and conditions, subject to which such land or premises are allotted to him, or if any person who continues or is permitted to continue to remain in occupation or possession of such land or premises fails to pay any amount of compensation, which the State Government determines as the amount payable by him for such occupation or possession, such sum or amount due, whether before or after the coming into the force of the Bombay Land Requisition (Amendment) Act, 1950 (Bombay II of 1950), shall, without prejudice to any other mode of recovery, be recovered from him or any person, for the time being in occupation of the land as an arrear of land revenue.(3)The allotment of any land to any person, or the continuance of any person or the permission to any person to continue to remain in occupation or possession of any land, referred to in sub-section (1) shall be deemed to be a licence in favour of such person for the use and occupation of the said land]
