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[Cites 0, Cited by 0] [Section 4] [Entire Act]

State of Madhya Pradesh - Subsection

Section 4(1) in The M.P. Accommodation (Requisition) Act, 1948

(1)Where any accommodation is requisitioned under this Act, there shall be paid an amount determined in the manner and in accordance with the principles hereinafter set out, that is to say,-
(a)where, having regard to the provisions of sub-Section (2) so far as they are applicable the amount can be fixed by agreement between the requisitioning authority and the owner; it shall be paid in accordance with such agreement;
(b)where no such agreement can be reached, the State Government shall appoint as arbitrator the District Judge or the Additional District Judge or any Civil Judge having jurisdiction over the area in which the accommodation is situate;
(c)at the commencement of the proceedings before the arbitrator, the State Government and the owner shall state what in their respective opinion is a fair amount;
(d)the arbitrator shall, after hearing the dispute make an award determining the amount which appears to him to be just and specifying the owner or owners to whom such amount shall be paid; and in making the award he shall have regard to the circumstances of each case and the provisions of sub-Section (2), so far as they are applicable;
(e)where there is any dispute as to the owner or owners who are entitled to the amount, the arbitrator shall decide such dispute and if the arbitrator shall decide such dispute and if the arbitrator finds that more owners than one are entitled, he shall apportion the amount amongst such owners;
(f)an appeal shall lie to the High Court against the award of an arbitrator;
(g)save as provided in this Section and any rules made thereunder, nothing in any law for the time being in force shall apply to arbitrators under this Section.