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[Cites 0, Cited by 0] [Section 9] [Entire Act]

State of Himachal Pradesh - Subsection

Section 9(1) in The Himachal Pradesh Requisition of Immovable Property Act, 1987

(1)Where any property is requisitioned under this Act, there shall be paid compensation the amount of which shall be determined in the manner and in accordance with the principles hereinafter set out, that is to say--
(a)Where the amount of compensation is fixed by agreement, it shall be paid in accordance with such agreement;
(b)where no such agreement can be reached, the Government shall appoint as an arbitrator a person who is or has been or is qualified for appointment as a Judge of a High Court;
(c)the Government may, in any particular case, nominate a person having expert knowledge as to the nature of the property requisitioned to assist the arbitrator and where such nomination is made, the person to be compensated may also nominate an assessor for the same purpose;
(d)at the commencement of the proceedings before the arbitrator, the Government and the person to be compensated shall state what in their respective opinion is a fair amount of compensation;
(e)the arbitrator shall, after hearing the dispute, make an award, within a period of one year reckoned from the date of order of requisition made by the competent authority under sub-section (2)of section 3, determining the amount of compensation which appears to him to be just and specifying the person or persons to whom such compensation shall be paid; and in making the award, he shall have due regard to the circumstances of each case and the provisions of sub-section (2) of this section;
(f)where there is any dispute as to the person or persons who is/are entitled to the compensation, the arbitrator shall decide such dispute and if the arbitrator finds that more than one persons are entitled to compensation, he shall apportion the amount thereof amongst such persons; and
(g)nothing in the Arbitration Act, 1940 (10 of 1940) shall apply to arbitration under this section.