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Bombay Presidency - Section

Section 5T in The Bombay land Requisition (Determination of Compensation) Rules, 1949

5T. [ [Inserted by G. N. of 24.10.1977.]

Notwithstanding anything contained in these rules, where the amount of compensation payable as rent in respect of any land or premises in Greater Bombay has been determined before the 1st day of April, 1976 (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) (hereinafter referred to as "the rent") and the education cess on such land or premises under sub-section (1) of section 195-E of the Bombay Municipal Corporation Act, 1888, has been levied in respect of such land or premises in accordance with the scale sanctioned by the State Government by Government Resolution, Urban Development and Public Health Department, No. TAX. 1275/1174-C1, dated the 27th March, 1975, as amended by Government Resolution, Urban Development, Public Health and Housing Department, No. TAX. 1276/2105-UD-3, dated 25th June, 1976 (being the education cess which the owner of such land or premises is entitled to recover under sub-section (2) of section 195-E 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 land or premises shall, on and from the aid date, be increased per month in accordance with the following scale, namely:-
  No. and Rateable value of land or premises Rate of increase
1. When the rateable value of which is less than Rs. 76perannum. by an amount equal to 1/24 per cent, of the annual lettingvalue.
2. When the rateable value of which is less than Rs. 300perannum. by an amount equal to 5/24 per cent, of the annual lettingvalue.
3. When the rateable value of which is less than Rs. 5,000perannumbut not less than Rs. 300per annum. by an amount equal to ¼ per cent, of the annual lettingvalue.
4. When the rateable value of which is not less than Rs. 5,000per annum. by an amount equal to 5/12 per cent, of the annual lettingvalue:
Provided that, where the owner of such land or premises owns, in addition to such land or premises, any other land or premises in the locality in which such land or premises is situated and the education cess paid by him in respect of such land or premises is assessed on the annual letting value of all the lands or premises owned by him in the said locality, then the increase in the rent payable in respect of such land or premises shall be made at the same rate per rupee of the letting value of such land or premises at which the owner of such land or premises has paid the education cess in respect thereof.]