Section 6 in U.P. Flood Emergency Powers (Evacuation and Requisition) Act, 1951
6. Compensation for premises.
- Whenever the District Magistrate takes possession of any premises under Section 4 or requisition any boat under Section 5 the owner of the building or the boat, as the case may be, 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)The District Magistrate shall determine the amount of compensation after taking into consideration-(i)in the case of a building, the rent payable for similar buildings in the locality; and.(ii)in the case of boat, the prevailing rates of hire for such boats;(iii)any damage done during the period of requisitioning to the premises or the boat; and(iv)any other material circumstances proved by the owner.(b)The amount of compensation so determined shall be offered to the owner and if he agrees to accept, it shall be paid to hire.(c)Where the owner does not accept the amount, the question shall be referred to the Civil Judge having jurisdiction who shall determine the amount of compensation having regard to the consideration referred to in clause (a) aforesaid.(d)Decision of the Civil Judge shall be final and no appeal shall lie against it.(2)Save in so far as things may be inconsistent with anything contained in this Act, the provisions of the Code of Civil Procedure, 1908, shall apply to proceedings before the Civil Judge under this Act.
