Section 6 in The West Bengal Requisitioned Land (Continuance of Powers) Act, 1951
6. Payment of compensation.
(1)[(slet)] [Clause (i) renumbered as clause (ii) and after that new clause (i) inserted by W.B. Act 4 of 1969.] In respect of the acquisition under this Act of any requisitioned land, the amount of compensation payable shall be the price which the requisitioned land would have fetched in the open market, if it had remained in the same condition as it was at the time of requisitioning and had been sold on the date of acquisition.(ii)[ Any immovable property which was subject to any requisition effected under the rules made under the Defence of India Act, 1939, but which was released from requisition at any time prior to the commencement of this Act shall, for the purpose of determination and payment of compensation for such requisition, be deemed to be requisitioned land within the meaning of this Act and any proceedings taken for determination and payment of compensation in respect of any such property shall be deemed to have been validly taken as if this Act had come into force on the date when such proceedings were taken.] [Clause (i) renumbered as clause (ii) and after that new clause (i) inserted by W.B. Act 4 of 1969.](2)[] [Sub-Section (2) Substituted for the original by W.B. Act 10 of 1954.] [(i)] [Clause (i) renumbered as clause (ii) and after that new clause (i) inserted by W.B. Act 4 of 1969.] In respect of the acquisition under this Act of any requisitioned land, the amount of compensation payable shall be -(a)the price which the requisitioned land would have fetched in the open market, if it had remained in the same condition as it way at the time of requisitioning and had been sold on the date of acquisition, or(b)twice the price which the requisitioned land would have fetched in the open market if it had been sold on the date of requisition, whichever is less.(ii)[ Any immovable property which having been requisitioned under the rules made under the Defence of India Act, 1939, was acquired at any time before the commencement of this Act shall, for the purpose of determination and payment of compensation for such acquisition, be deemed to have been acquired under section 5 of this Act and any proceedings taken, at any time prior to the commencement of this Act for determination and payment of compensation in respect of any such property shall be deemed to have been validly taken as if this Act had come into force on the date when such proceedings were taken.] [Clause (i) renumbered as clause (ii) and after that new clause (i) inserted by W.B. Act 4 of 1969.](3)For the purposes of sub-section (1) all the provisions of the aforesaid section 19 and of the rules made thereunder, and for the purposes of subsection (2) such of those provisions as relate to matters of procedure, shall be deemed to be continuing in force.(4)[ Notwithstanding anything contained in sub-sections (1) and (3), the compensation referred to in clause (i) of sub-section (1), in respect of any requisitioned land shall, unless it is sooner released from requisition under section 4 or acquired under section 6, be revised with effect from the expiry of [seven years] [Sub-section (4) inserted by W.B. Act 13 of 1976.] from the commencement of the West Bengal Requisitioned Land (Continuance of Powers) (Amendment) Act, 1976 and the amount of compensation be made equal to the rent which would have been payable for the use and occupation of the requisitioned land if it had been taken on lease on the date with effect from which the revision is made.]
