Section 7(1) in The Saurashtra Estate Acquisition Act, 1952
(1)Every Girasdar or Barkhalidar having any right in any property which vests in, and becomes the property of, the [[State of Gujarat] [These words were substituted for the word 'State' by the Bombay (Saurashtra Area) Adaptation of Laws (State and Concurrent Subjects) Order, 1956.]] under section 4 shall be, entitled to compensation in the manner provided in the following paragraphs, namely:-(a)the Girasdar or the Barkhalidar, as the case may be, shall, within a period of twelve months from the date of vesting [or before the 1st July 1956 whichever is later] [These words and figures were inserted by Saurashtra Act. No. XXII of 1956, Section 2.] apply in writing to the Collector stating the nature of his right, the grounds of his claim and the amount of compensation claimed by him for extinguishments of his rights;[Provided that the Collector may, with the sanction of the State Government, admit an application made after the expiry of the period of limitation laid down in this clause;] [This proviso shall be and shall be deemed always to have been inserted by Bombay XXV of 1959, Section 2.](b)the Collector, shall hold a formal inquiry in the manner provided in the Code, and if the Collector is satisfied that the applicant had any rights in the land and that such rights have been extinguished under section 4, shall make an award in the manner prescribed in section 11 of the Land Acquisition Act, 1894 as adapted, subject to the following conditions, namely:-(i)If the property acquired is bid land, the amount of compensation shall be equal to eight times the average net income;(ii)If the property acquired is cultivable waste, the compensation shall be equal to the income which the [[State of Gujarat] [These words were substituted for the word 'State' by the Bombay (Saurashtra Area) Adaptation of Laws (State and Concurrent Subjects) Order, 1956.]] derives from the property [or part thereof] [These words were inserted by Saurashtra Act No. XXXIV of 1954.] from the assessment levied thereon together with the occupancy price, if any, which the Government receives in this behalf during a period of fifteen years [following the year in which such property or part thereof is leased out and the income is received by the [[State of Gujarat] [These words were substituted for the words 'following the date on which the property vests in the State' by Saurashtra Act No. XXXIV of 1954.]] therefrom;] [[State of Gujarat] [These words were substituted for the word 'State' by the Bombay (Saurashtra Area) Adaptation of Laws (State and Concurrent Subjects) Order, 1956.]];(iii)If the property acquired is uncultivable waste or village site land, the amount of compensation shall be equal to twice the amount of annual assessment leviable in the same village or in an adjoining Khalsa or assessed village for cultivable waste of the same area;(iv)if the property acquired is any school, Dharmashala, Chora, public temple or other public building or structure with the site on which such building or structure stands, the amount of compensation shall be equal to twice the amount of the annual assessment leviable in the same village or in an adjoining Khalsa or assessed village for cultivable waste of the same area as that of the site on which the building or structure stands;(v)if the property is land over which the public has been enjoying or acquired a right of way or any individual has any right of easement, the amount of compensation shall be equal to the amount of the annual assessment leviable in the same village or in an adjoining Khalsa or assessed village for cultivable waste of the same area;(vi)if there are any trees on the land, the amount of compensation shall be the "market value" of such trees.Explanation: - For the purpose of this clause, trees mean cluster of trees or trees grown and reared by the Girasdar or Barkhalidar, and shall not include stray trees or bushes.(vii)if there is any reclamation Bund or other structure on the kind the amount of compensation shall be the cost of construction, making deductions for the depreciation.Explanation: - For the purposes of this section, the "market value" shall mean the value as estimated in accordance with the provisions of sections 23 and 24 of the Land Acquisition Act, 1894, as adapted, in so far as such provisions may be applicable.
