Section 7(1) in Bihar Displaced Persons Rehabilitation (Acquisition of Land) Act, 1950
(1)Where any land has been acquired 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 can be fixed by agreement, it shall be paid in accordance with such agreement;(b)where no such agreement can be reached-(i)the State Government shall appoint as arbitrator a person qualified for appointment as a Subordinate Judge or an Additional District Magistrate; and it may, in any particular case, nominate a person having expert knowledge as to the nature and condition of the land acquired to assist the arbitrator and, where such nomination is made, the person to be compensated may also nominate an assessor for the said purpose;(ii)at the commencement of the proceedings before the arbitrator, the State Government and the person to be compensated shall state what in their respective opinions, is a fair amount of compensation;(iii)the arbitrator, in making his award, shall take into consideration the provisions of Section 23 of the Land Acquisition Act, 1894:-Provided-firstly that the market value referred to in the first clause of sub-section (1) of Section 23 of the said Act shall be to the market value of such land on the date of publication of the notification under Section 3, or, as the case may be, the preliminary notification under sub-section (8) of Section 4 of the Land Acquisition Act, 1894;secondly, that where, under any law or custom having the force of law, the land is not saleable, the market value of such land shall be such multiple as may be prescribed of the deducted rent to be calculated in the prescribed manner with an addition of fifty per centum;thirdly, that where such land has been held by the owner thereof under a purchase made by a registered document or under a decree for preemption before the first day of April, 1947, and after the first day of September, 1939, the market value shall be the price actually paid by the purchaser or the amount on payment of which he may have acquired the land under the decree for preemption, as the case may be; andfourthly, that when such land has been held by the owner thereof under a purchase made after the first day of April 1947, the market value shall not exceed the market value of such land before the first day of April, 1947.
