Bombay land Requisition (Determination of Compensation) Rules, 1949

The Bombay land Requisition (Determination of Compensation) Rules, 1949

Published vide Notification No. G.N., R.D., No. Misc. 9293, dated 24th May, 1949 (B.G., Part 4B, page 1091A)

mh414

LEGISLATIVE HISTORY 6

· Amended by G.N., R.D., No. Misc. 12043-P, dated 28th September, 1949

· Amended by G.N., R.D., No. Misc. 36469-P, dated 23rd March, 1950

· Amended by G.N., R.D., No. Misc. 48677-(b)-P, dated 4th July, 1950

· Amended by G.N., L.D. No. 11577, dated 14th August, 1950

· Amended by G.N., R.D., No. C-6/Comp., dated 5th May, 1954

· Amended by G.N., R D., No. G-1/Policy, dated 27th July, 1956

· Amended by G.N., R.D., No. C-7/Water Charges, dated 23rd February, 1957

· Amended by G.N., R.D., No. ACO/Increase, dated 23rd September, 1958

· Amended by G.N., R.D., No. G-1/B.F.A., dated 20th May, 1959 (B.G., Part I-C.S, page 577)

· Amended by G.N., R.D., No. CO/Municipal Tax Increase/1959, dated 28th July, 1959 (B.G , Part IV-B, page 934)

· Amended by Corrig. No. CO-BLRA, Rules 8130, dated 6th January, 1962 (M.G., Part IV-B, page 79)

· Amended by Corrig. No. CO-BLRA, Rules 8130-A, dated 6th January, 1962 (M.G., Part IV-B, page 80)

· Amended by G.N., R.D., No. Co/Education Cess, 1962, dated 27th December, 1962 (M.G., 1963, Part IV-B, page 4)

· Amended by G.N., R.D., No. Co./Municipal Tax Increase, dated 29th May, 1963 (M.G., Part IV-B, page 644)

· Amended by G.N., R. & F.D., No. Co./Municipal Tax Increase, dated 19th December, 1964 (M.G., Part IV-B, page 1650)

· Amended by G.N., G.A., D. (Accommodation), No. Co-Education Cess 1967, dated 30th December, 1967 (M.G., 1968, Part IV-B, page 147)

· Amended by G.N., G.A.D. (Accommodation), No. Co./Municipal Tax Increase, dated 13th November, 1969 (M.G., Part IV-B., page 1666)

· Amended by Corrig. G.A.D., No. Co-Education Cess, 1967, dated 21st November, 1969 (M.G., Part IV-B, page 1741)

· Amended by G.N., G.A.D. (Accommodation), No. C/B BR. & R, Cess-1969, dated 29th April, 1970 (M.G., Part IV-B, page 716)

· Amended by G.N., G.A.D., No. Co-Education Cess/1972, dated 26th September, 1972 (M.G., Part IV-B, page 1677)

· Amended by G.N., G.AD. (Accommodation), No. CO/Water Tax/ 1977, dated 14th August, 1974 (M.G., Part IV-B, page 793)

· Amended by G.N., G.A.D., No. Co./Water Benefit Sewerage Benefit Tax, 1974, dated 7th December, 1974 (M.G., 1975, Part IV-B, page 32)

· Amended by G.N., G-A.D. (Accommodation), No. CO./Repairs Cess/974, dated 7th December, 1974 (M.G., 1975, Part IV-B, page 33)

· Amended by G.N., G.A.D. No. CO/Education Cess/1974, and Maharashtra Tax on Residential Premises Act, 1974, dated 6th June, 1975 (M.G., Part IV-B, page 453)

· Amended by G.N. G.A.D., No. CO/Sewerage Charges/1974, dated 10th June, 1976 (M.G., Part IV-B, page 770)

· Amended by G.N., G.A.D., No. CO/Employment Guarantee Cess, 1975, dated 10th June, 1976 (M.G., Part IV-B, page 771)

· Amended by G.N., G.A.D., No. CO/Education Cess/75, dated 10th June, 1976 (M.G., Part IV-B, page 772)

· Amended by G.N., G.A., (A) D., No. CO/Education Cess/1976, dated 24th October, 1977 (M.G., Part IV-B, page 897)

· Amended by G.N., G.A. (A) D., No. CO/Water Benefit and Sewerage Benefit Tax, 1976, dated 24th October, 1977 (M,G., Part IV-B, page 899)

· Amended by G.N., G.A. (A) D., No. CO. General Tax 1976, dated 24th October, 1977 (M.G , Part IV-B, page 899)

· Amended by G.N., G.A. (Accommodation) D., No. CO/Sewerage Tax/1976, dated 7th July, 1978 (M.G., Part IV-B, page 833)

· Amended by G.N., G.A.D., (Accommodation), No. Co./Inami and Special Tenures Tax, 1981, dated 1st February, 1982 (M.G., Part IV-B, page 81)

· Amended by G.N., G.A.D., No. Co./Maharashtra Tax on Buildings (with large Residential Premises) (Re-enacted) Act, 1979, dated 21st August 1982 (M.G., Part IV-B, page 899)

· Amended by G.N., G.A.D., No. CO./Water Tax/1983, dated 27th September, 1983 (M.G., Part IV-B, page 1385)

· Amended by G.N., G.A.D., (Accommodation) No. CO/WBT & SBT/1983, dated 27th September, 1983 (M.G., Part IV-B, page 1385)

· Amended by G.N., G.A.D. (Accommodation), No. CO/Sewerage Tax/1983, dated 27th September, 1983 (M.G., Part IV-B, page 1386)

· Amended by G.N., G.A.D., No. CO/Repair-Cess 1984, dated 20th September, 1984 (M.G., Part IV-B, pages 1199-1200)

· Amended by G.N., R,D., No. CO/Taxes/1987, dated 8th January, 1988 (M.G., Part IV-B, page 97)

In exercise of the powers conferred by section 19 of the Bombay Land Requisition Act, 1948 (Bombay XXXIII of 1948), the Government of Bombay is pleased to make the following rules, namely:-

These rules may be called the Bombay Land Requisition (Determination of Compensation) Rules, 1949.

[1A. These rules extend to the whole of the State of Maharashtra.]

In these rules, unless there is anything repugnant in the subject or context, -

(a) "Act" means the Bombay Land Requisition Act, 1948;

(b) "Compensation Officer" means an Officer authorized by the State Government in respect of any area for the purposes of sub-section (1) of section 8 or sub-section (2) of section 9 of the Act.

[3. (1) All applications for determination of compensation referred to in clauses (a), (b) and (c) of sub-section (2) of section 9B shall be made in Forms A. B and C hereto annexed, respectively.

(2) Such application shall be made to the Compensation Officer and shall be accompanied by the information required by Form A, B, or C, as the case may be.]

(1) The Compensation Officer shall, on receipt of an application [for determination of compensation referred to in clauses (a) and (c) of sub-section (2) of section 9B]under rule 3, scrutinize the claim in detail and if having regard to the facts set out in the application and the provisions of the Act, he is of opinion that the claim made out in the application is reasonable and may be accepted, he may make an order accordingly subject to the condition that the applicant executes an agreement in [Form D] hereto annexed.

(2) If the Compensation Officer is of opinion that the claim made out in the application is not reasonable, he shall fix the date, time and place for inquiring into the claim and shall give notice of the same to the applicant with an intimation to produce any documentary or other evidence in support of his claim.

(3) After hearing the applicant, and after taking into consideration the evidence, if any, produced by the applicant the Compensation Officer shall determine the amount of compensation according to the provisions of the Act and shall decide the dispute if any, as to the apportionment of the amount of compensation or any part thereof or as to the persons to whom the same or any part thereof is payable. After determining the compensation and deciding the dispute, if any, the Compensation Officer shall make an order accordingly.

(4) A copy of the Order under sub-rule (1) or (3) shall be sent to the applicant.

4A. Notwithstanding anything contained in these rules, if the Compensation Officer on any information received or otherwise has reason to believe that compensation claimed by and paid to any person having an interest in respect of any land referred to in rule 3 is not reasonable, he may, after making such inquiry as he deems fit, fix the date, time and place for determining the amount of compensation to which such person is entitled and shall give notice of the same to such person with an intimation to produce any documentary or other evidence in support of his claim. The provision of sub-rules (3) and (4) of rule 4 shall, so far as may be, apply to an Order made under this rule.

(1) Where the amount of compensation determined under these rules is in respect of matters other than rent the Compensation Officer shall make an order assessing such amount and shall direct the same to be paid to the person in whose favour the order has been made under rule 4 within such reasonable time as the Compensation Officer may in each case specify in such order.

(2) Where the amount of compensation determined under these rules is in respect of rent only, the State Government may direct the tenant to pay the amount of rent direct to the person in whose favour the order has been made under rule 4.

5A. Notwithstanding anything contained in these rules, where the amount of compensation payable as rent in respect of any premises referred to in column 1 below which were let on or before the first day of September, 1940, is determined under the Act before the 31st day of March, 1954 the Compensation Officer may by a general order direct that the amount of rent so determined in respect of such premises (hereinafter referred to as the rent) shall, with effect from the 1st day of April, 1954, be increased by an addition to the rent at the rates specified against such premises in column 2 below :

	1	2
(1)	Residential premises the rent of which does not exceed, Rs. 20 per month.	5 per cent, of the rent.
(2)	Residential premises the rent of which exceeds Rs. 20 per month but does not exceed Rs. 80 per month.	7 ½ per cent, of the rent,
(3)	Residential premises the rent of which exceeds Rs. 80 per month.	10 per cent, of the rent.
(4)	Non-residential premises -
	(a) the rent of which does not exceed Rs. 50 per month.	7 ½ per cent, of the rent.
	(b) the rent of which exceeds Rs. 50 per month.	12 ½ per cent, of the rent.

[5B. Where in the case of any requisitioned premises in Greater Bombay the amount of compensation has been fixed under these rules in lieu of rent inclusive of water tax and subsequent to such fixation of compensation, water is supplied to such premises by measurement through meter on payment of water charges under the provisions of the Bombay Municipal Corporation Act, then notwithstanding anything contained in these rules the Compensation Officer may by order direct, that the amount of compensation fixed in respect of such premises shall, with effect from -

(a) the date from which water is supplied through meter, if such date is not earlier than the 8th November, 1954, or

(b) date of receipt of notice in that behalf from the person entitled to compensation, if such date is prior to the 8th November, 1954,

be increased by a sum equal to the amount of water charges which the owner of such premises would have been entitled to recover from the occupier of such premises, under section 173-A of the Bombay Municipal Corporation Act, had the premises not been requisitioned.]

[5C. Notwithstanding anything contained in these rules, where the amount of compensation payable as rent in respect of any premises in Greater Bombay has been determined before the 1st day of October, 1958 under sub-section (1) of section 8 of the Act, including any increase by an addition to rent made in pursuance of a general order under rule 5-A, if any, (hereinafter referred to as "the rent") and in respect of such premises education cess under section 195-E of the Bombay Municipal Corporation Act or Halalkhore tax under [section 142 of that Act or both such cess and tax have been levied on and with effect from the 1st day of April, 1958 or any additional property tax (including the additional general tax, education cess Halalkhore tax or water tax), has become recoverable in accordance with the provisions of section 147 of that Act with effect from any subsequent date], the Additional Compensation Officer may, by general or special order, direct that the amount of rent so determined in respect of such premises shall on and with effect from the [the 1st day of April, 1958, or as the case may be, such subsequent date, be increased by an addition to the rent, at the rates of the amount, specified below :-]

(1)	On buildings and lands the rateable value of each of which is less than Rs. 300 per annum but not less than Rs. 75 per annum.	(a)	One and half per cent, of the rateable value of the premises, if both education cess and Halalkhore tax have been levied in respect of such premises.
		(b)	One per cent, of the ratable value if education cess only has been levied.
		[(c)	An amount equal to the additional property tax (including the additional general tax, education cess, Halalkhore tax or water tax) levied in respect of such premises in pursuance of rule 5-C.]
(2)	On buildings and lands the rateable value of each of which is not less than Rs. 300 per annum.	(a)	Two per cent, of the rateable value of the premises if both the education cess and Halalkhore tax have been levied in respect of such premises.
		(b)	One and half per cent, of the rateable value if education cess only has been levied.
		[(c)	An amount equal to the additional property tax (including the additional general tax, education cess, Halalkhore tax or water tax) levied in respect of such premises in pursuance of rule 5-C.]

[5D. Notwithstanding anything contained in these rules, where the amount of compensation payable as rent in respect of any premises in Greater Bombay has been determined before the 1st day of April, 1959 (hereinafter referred to as the said date) under subsection (1) of section 8 of the Act, including any increase by an addition to rent made in pursuance of a general order under rule 5-A or 5-B, if any (hereinafter referred to as "the rent") and in respect of such premises -

(i) general tax including fire tax under section 140 of the Bombay Municipal Corporation Act, or .

(ii) water tax under section 141 of that Act, has been levied or increased on and with effect from the said date, the Compensation Officer may, by general or special order, direct that the amount of rent so determined in respect of such premises shall, on and from the said date, be increased [* * *] by an addition to the rent at the rates specified below :-

(1) Two per cent, of the rateable value of the premises, if the general tax including fire tax has been levied or increased in respect of such premises;

(2) Seventy-five per cent, of the rateable value of the premises, if water tax has been levied or increased in respect of such premises.]

[5E. Notwithstanding anything contained in these rules where the amount of compensation payable as rent in respect of any lands or premises in any municipal areas has been determined before the 1st day of October, 1962 (hereinafter referred to as the said date) under sub-section (1) of section 8 of the Act, (such amount being an amount inclusive of any increase by an addition to rent made in pursuance of any order made under rule 5-A, 5-B, 5-C or 5-D, if any) (hereinafter referred to as "the rent") and an education cess on such lands or premises under clause (a) of section 4 of the Maharashtra Education (Cess) Act, 1902 has been levied from the said date, (being an education cess which the owner of such lands or premises is entitled to recover under section 13 of the said Act) the Compensation Officer may, by general or special order, direct that the amount of rent so determined in respect of such lands or premises shall, on and from the said date, be increased per month by an amount equal to l/6th per cent, of the annual letting value of such lands or premises.

Explanation. - In this rule, the expression "municipal area" has the same meaning which it has in the Maharashtra Education (Cess) Act, 1962.)]

[5F. Notwithstanding anything contained in these rules, where the amount of compensation payable as rent in respect of any premises outside Greater Bombay has been determined before the 29th day of May, 1963, the Compensation Officer may, after verification of the facts of the case on an application by any claimant, direct by order in writing that the amount of rent so determined in respect of such premises shall be increased by an addition to the rent with effect from such prospective date and by such amount as may be specified in the order so however that such increase does not exceed the amount, which would have been recoverable by the landlord by way of increase under the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 or any law corresponding thereto had the allottee been the tenant in respect of the premises aforesaid.

5G. Notwithstanding anything contained in these rules, where the amount of compensation payable as rent in respect of any premises in Greater Bombay has been determined before the 29th day of May, 1963 under sub-section (1) of section 8 of the Act (such amount being an amount, inclusive of any increase by an addition to rent made in pursuance of any order made under rule 5-A, 5-B, 5-C, 5-D or 5-E, if any) (hereinafter referred to as "the rent") and the education cess on such premises under section 195-E of the Bombay Municipal Corporation Act has further been increased from the 1st day of April, 1963, the Compensation Officer may, by general or special order, direct that the amount of rent so determined in respect of such premises shall, on and from the said date, be increased by an amount equal to 1 per cent, of the rateable value of such premises.]

[5H. Notwithstanding anything contained in these rules, where the amount of compensation payable as rent (inclusive of increases therein) in respect of any premises in Greater Bombay has been determined before the 19th day of December, 1964 under subsection (1) of section 8 of the Act, or under all or any of the provisions of the preceding rules, and the general tax on such premises under clause (c) of section 140 of the Bombay Municipal Corporation Act, has been increased, or the Halalkhore tax under section 142 of that Act has been levied for the first time, the Compensation Officer may, by general or special order, direct that the amount of compensation payable as rent so determined as aforesaid in respect of such premises shall, on and from the 1st day of April, 1963, be increased by an amount equal to the percentage by which the said general tax is increased or, as the case may be, the Halalkhore tax has been levied, on the rateable value of such premises.]

[5I. Notwithstanding anything contained in these rules, where the amount of compensation payable as rent in respect of any lands or premises in any municipal areas has been determined before the 1st day of October, 1967 (hereinafter referred to as "the said date") under sub-section (1) of section 8 of the Act, (such amount being an amount inclusive of any increase by an addition to rent made in pursuance of any order made under rule 5-A, 5-B, 5-C, 5-D, 5-E, 5-F, or 5-G, if any) (hereinafter referred to as "the rent") and an education cess on such lands or premises under sub-clause (ii) of clause (a) of section 4 of the Maharashtra Education (Cess) Act, 1962 (hereinafter referred to as the "the said Act" (being lands or premises the annual letting value of which is not less than three hundred rupees) has been increased from the said date (being an education cess which the owner of such lands or premises is entitled to recover under section 13 of the said Act), the Compensation Officer may, by a general or special order, direct that the amount of rent so determined in respect of such lands or premises shall, on and from the said date, be increased per month by an amount equal to 1/24th per cent, of the annual letting value of such lands or premises.

Explanation In this rule, the expression "municipal area" has the same meaning which it has in the Maharashtra Education (Cess) Act, 1962.]

[5J. Notwithstanding anything contained in these rules, where the amount of compensation payable as rent in respect of any premises in Greater Bombay has been determined before the 1st day of January, 1970 (hereinafter referred to as "the said date") under sub-section (1) of section 8 of the Act (such amount being an amount inclusive of any increase by an addition to rent made in pursuance of any order made by the Compensation Officer under any of the preceding rules, if any) (hereinafter referred to as "the rent") and the Bombay Building Repairs and Reconstruction Cess under subsection (1) of section 27 of the Bombay Building Repairs and Reconstruction Board Act, 1969 (hereinafter referred to as "the said Act") has been levied on such premises from the said date, the Compensation Officer may, by general or special order, direct that the amount of rent so determined in respect of such premises shall, on and from the said date, be increased by an amount equal to the proportionate increase which the landlord would have been entitled to make in the rent in respect of such premises under sub-section (4) of section 27 of the said Act had the allottee been a, tenant in respect of the premises aforesaid.]

[5K. Notwithstanding anything contained in these rules, where the amount of compensation payable as rent in respect of any lands or premises in any municipal areas has been determined before the 1st day of October 1971 (hereinafter referred to as "the said date") under sub-section (1) of section 8 of the Act (such amount being an amount inclusive of any increase by an addition to rent made in pursuance of any order made under rule 5-A, 5-B, 5-C, 5-D, 5-E, 5-F, 5-G, 5-H, 5-1 or 5-J, if any) (hereinafter referred or as 'the rent') and an increase in the education .cess leviable on such lands or premises Under clause (a) of section 4 of the Maharashtra Education (Cess) Act, 1962 (hereinafter referred to as 'the said Act'), has been made from the said date in accordance with clause (a) of sub-section (1) of section 4 of the Maharashtra Temporary Increase in Entertainments Duty and Education Cess Act, 1972 (hereinafter referred to as 'the said Temporary Act') (being the increase which the owner of such lands or premises is entitled to recover under section 13 of the said Act), the Compensation Officer may, by a general or special order, direct that the amount of rent so determined in respect of such lands or premises shall, on and from the said date and for the period during which the said Temporary Act is in force, be increased per month by an amount,-

(a) equal to 1/12 per cent, of the annual letting value of such lands or premises where the annual letting value of such lands or premises is less than three hundred rupees; and

(b) equal to 5/48 per cent, of the annual letting value of such lands or premises, in any other case.

Explanation. - In this rule, the expression 'municipal area' has the same meaning which it has under the explanation to rule 5-E.]

[5L. Notwithstanding anything contained in these rules, where the amount of compensation payable as rent per month in respect of any premises in Greater Bombay has been determined before the 1st day of April 1973 (hereinafter referred to as "the said date") under sub-section (1) of section 8 of the Act (such amount being an amount inclusive of any increase by an addition to rent made in pursuance of any order made under rule 5-A, 5-B, 5-C, 5-D, 5-E, 5-F, 5-G, 5-H, 5-1, 5-J or 5-K if any) (hereinafter referred to as 'the rent') and the water tax on such premises under clause (a) of section 140 of the Bombay Municipal Corporation Act (Bombay III of 1888) has been increased from the said date the Compensation Officer, may by, general or special order, direct that the amount of rent so determined in respect of such premises shall, on and from the said date, be increased by an amount equal to 5/24 per cent, of the rateable value of such premises.]

[5M. Notwithstanding anything contained in these rules, where the amount of compensation payable as rent in respect of any land or premises in Greater Bombay has been determined before 1st day of April 1974 (hereinafter referred to as "the said date") under subsection (1) of section 8 of the Act (such amount being an amount inclusive of any increase by an addition to rent made in pursuance of any order made by the Compensation Officer under any of the preceding rules, if any) and in respect of such land or premises, water benefit tax and sewerage benefit tax respectively under clauses (a) (ii) and (b)(ii) of sub-section (1) of section 140 of the Bombay Municipal Corporation Act (Bombay III of 1888), has been levied from the said date at the rate of 3 per cent, and 2 per cent, respectively, of their rateable value, the Compensation Officer, may, by general or special order direct that the amount of rent so determined in respect of such land or premises, shall, on and from the said date, be increased per month by an amount equal to ¼ per cent, and 1/6 per cent, respectively of the rateable value of such land or premises.]

[5N. Notwithstanding anything contained in these rules, where the amount of compensation payable as rent in respect of any premises in Greater Bombay has been determined before the 1st day of April 1974 (hereinafter referred to as "the said date"), under subsection (1) of section 8 of the Act (such amount being an amount inclusive of any increase by an addition to rent made in pursuance of any order made by the Compensation Officer under any of the preceding rules, if any) and the Bombay Building Repairs and Reconstruction Cess under sub-section (1) of section 27 of the Bombay Building Repairs and Reconstruction Board Act, 1969 (hereinafter referred to as "the said Act"), has been levied at the increased rate on such premises from the said date, the Compensation Officer may, by general or special order, direct that the amount of rent so determined in respect of such premises, shall on and from the said date, be increased by an amount equal to the proportionate increase which the landlord would have been entitled to make in the rent in respect of such premises under sub-section (4) of section 27 of the said Act on account of the levy of the said cess at such increased rate, had the allottee been a tenant in respect of the premises aforesaid.]

[5O. Notwithstanding anything contained in these rules, where the amount of compensation payable as rent in respect of any lands or premises [* * *] has been determined before the 1st day of April 1974 (hereinafter referred to as "the said date") under sub-section (1) of section 8 of the Act (such amount being an amount inclusive of any increase by an addition to rent made in pursuance of any order made by the Compensation Officer under any of the foregoing rules but exclusive of any increases by additions to rent made by him by orders under rules 5-E, b-I and 5-K (hereinafter referred to as "the rent") and an education cess has been levied in respect of such lands or premises in accordance with clause (a) of section 4 of the Maharashtra Education (Cess) Act, 1962 (hereinafter referred to as "the said Act") as amended by the Maharashtra Education (Cess) (Amendment) Act, 1974 (being the education cess which the owner of such lands or premises is entitled to recover under section 13 of the said Act), the Compensation Officer, may, by a general or special order, direct that the amount of rent so determined in respect of such lands or premises, shall, on and from the said date, be increased per month in accordance with the following scale, namely:-]

Scale

		In respect of land or building used or intended to be used for residential purpose	In respect of land or building used or intended to be used for non-residential purpose
Where the annual letting value of land or building is -
(i)	rupees 75 or more but not more than rupees 150.	by an amount equal to 1/6 per cent, of the annual letting value.	by an amount equal to 1/3 per cent, of the annual letting value.
(ii)	more than rupees 150 but less than rupees 300.	by an amount equal to ¼ per cent, of the annual letting value.	by an amount equal to ½ per cent, of the annual letting value.
(iii)	rupees 300 or more but less than rupees 3,000.	by an amount equal to ⅓ per cent, of the annual letting value.	by an amount equal to ⅔ per cent, of the annual letting value.
(iv)	rupees 3,000 or more but less than rupees 6,000.	by an amount equal to 5/12 per cent, of the annual letting value.	by an amount equal to 5/6 per cent, of the annual letting value.
(v)	rupees 6,000 or more.	by an amount equal to ½ per cent, of the annual letting value.	by an amount equal to one per cent, of the annual letting value.
	[* * *]

[5P. Notwithstanding anything contained in these rules where the amount of compensation payable as rent in respect of any residential premises in any corporation area has been determined before the 1st day of April, 1974 (hereinafter referred to as "the said date") under sub-section (1) of section 8 of the Act (such amount being an amount inclusive of any increase by an addition to rent made in pursuance of any order made by the Compensation Officer under any of the foregoing rules, but exclusive of any increases by additions to rent made by him by orders under rules 5-E, 5-I-and 5-K, and a tax has been levied in respect of such residential premises in accordance with section 3 of the Maharashtra Tax on Residential Premises Act, 1974 (hereinafter referred to as "the said Act") (being the tax which the owner of such residential premises is entitled to recover under section 5 of the said Act), the Compensation Officer may, by a general or special order, direct that the amount of rent so determined in respect of such residential premises shall, on and from the said date, be increased per month by an amount equal to the proportionate increase which the landlord would have been entitled to make in the rent in respect of such premises under section 5 of the said Act had the allottee been a tenant in respect of such residential premises :

[Provided that,-

(a) where any such residential premises is not included in the list of taxable premises prepared under sub-section (1) of section 28 of the Maharashtra Tax on Buildings (with larger Residential Premises (Re-enacted) Act, 1979 (hereinafter referred to as "the Act of 1979"), any amount paid by the Government or on its behalf by the Government allottee to the landlord on account of the increase made under this rule shall be refunded by the landlord to the Government or as the case may be, to the Government allottee, either in lumpsum or in such instalments as the Compensation Officer may direct or, if so directed by the Compensation Officer, may be adjusted against any compensation payable by the Government or on its behalf, by the Government allottee to the landlord;

(b) where any such residential premises is included in the aforementioned list of taxable premises but the amount of tax payable under the Act of 1979 in respect of such premises for any month during the period from the 1st April, 1974 to the 31st March, 1979 is less than the amount paid by the Government or, on its behalf, by the Government allottee for that month of account of the increase made under this rule, then the whole of the amount paid by the Government or, on its behalf, by the Government allottee in excess during the said period shall be refunded by the landlord to the Government or, as the case may be to the Government allottee either in lumpsum or in such instalments as the Compensation Officer may direct or, if so directed by the Compensation Officer, may be adjusted against any compensation payable by the Government or, on its behalf, by the Government allottee to the landlord;

(c) where any such residential premises is included in the aforementioned list of taxable premises and the amount of tax payable under the Act of 1979 in respect of such premises for any month during the period from the 1st April, 1974 to the 31st March, 1979 is more than the amount paid by the Government or, on its behalf, by the Government allottee for that month on account of the increase made under this rule, then the whole of the amount equal to the difference between the amount of tax payable during the said period and the amount paid by the Government or, on its behalf, by the Government allottee during the said period on account of such increase shall be paid by the Government or as the case may be, on its behalf, by Government allottee to the landlord either in lumpsum or in such instalments as the Compensation Officer may direct.]

Explanation. - For the purpose of this rule, the expression "residential premises" and "Corporation area" shall have the same meanings as are, respectively, assigned to them in the said Act.]

[5Q. Notwithstanding anything contained in these rules, where the amount of compensation payable as rent in respect of any premises in Greater Bombay has been determined before the 1st day of April, 1974 (hereinafter referred to as "the said date") under subsection (1) of section 8 of the Act (such amount being an amount inclusive of any increases by an addition to rent made in pursuance of any order made by the Compensation Officer under any of the foregoing rules but exclusive of an amount equal to 1/12th of the amount of sewerage tax which was payable per annum in respect of such premises immediately before the said date and (hereinafter referred to as "Rent") and sewerage charges in lieu of sewerage tax are levied by the Municipal Corporation of Greater Bombay on such premises in accordance with the Sewerage and Waste Removal Rules, 1974-75 made by the Standing Committee of that Corporation (being the charges which the owner of such premises is entitled to recover from the person in occupation under section 173 of the Bombay Municipal Corporation Act), the Compensation Officer, may by a general or special order direct that the amount of rent so determined in respect of such premises shall, on and from the date be increased per month by an amount equal to 1/12th of the amount of sewerage charges, payable per annum in respect of such premises.]

[5R. Notwithstanding anything contained in these rules, where the amount of compensation payable as rent in respect of any lands or premises has been determined before the 1st day of April, 1975 (hereinafter referred to as "the said date") under sub-section (1) of section 8 of the Act (such amount being an amount inclusive of any increase by an addition to rent made in pursuance of any order made by the Compensation Officer under any of the foregoing rules but exclusive of any increases by additions to rent made by him by orders under rules 5E, 5L and 5K (hereinafter referred to as "the rent") and an Employment Guarantee Cess has been levied in respect of such lands and buildings in accordance with clause (a) section 6-B of the Maharashtra Education and Employment Guarantee (Cess) Act, 1962 (Maharashtra XXVII of 1962) (being the Employment Guarantee Cess which the owner of such lands or premises is entitled to recover under section 13 of the said Act), the Compensation Officer, may, by a general or special order, direct that the amount of rent so determined in respect of such lands or buildings shall, on and from the said date, be increased per month in accordance with the following scale, namely :-]

Slab of annual letting value		Rate of increase in rent per month
Where the annual letting value of a land or building is -
(1)	Rs. 75 or more but not more than 150 rupees.	By an amount equal of 1/12 per centum of the annual letting value.
(2)	More than Rs. 150 but less than Rs. 300.	By an amount equal to ⅛ per centum of the annual letting value.
(3)	Rs. 300 or more but less than Rs. 3,000.	By an amount equal to 1/6 per centum of the annual letting value.
(4)	Rs. 3,000 or more but less than Rs. 6,000	By an amount equal to 5/24 per centum of the annual letting value.
(5)	Rs, 6,000 or more	By an amount equal to ¼ per centum of the annual letting value.

[5S. Notwithstanding anything contained in these rules, where the amount of compensation payable as rent in respect of any land or premises in Greater Bombay has been determined before the 1st day of April, 1975 (hereinafter referred to as "the said date") under sub-section (1) of section 8 of the Act (such amount being an amount inclusive of any increase by an addition to rent made in pursuance of any order made by the Compensation Officer under any of the foregoing rules, but exclusive o f an amount equal to 1/12th of the amount of education cess which was payable per annum in respect of such land or premises under section 195-E of the Bombay Municipal Corporation Act (Bombay III of 1888) immediately before the said date (such amount being hereinafter referred to as "the rent") and the education cess on such land or premises under sub-section (1) of the said section 195-E has been levied in respect of such land or premises in accordance with the scale sanctioned by the State Government by Government Resolution, Urban Development, Public Health and Housing Department, No. TA-1275/1174-C1, dated the 27th March, 1975 (being the education cess which the owner of such land or premises is entitled to recover under sub-section (2), of the said section 195-E), the Compensation Officer may by a general or special order direct that the amount of rent so determined in respect of such land or premises shall, on and from the said date, be increased per month in accordance with the following scale, namely :-

	Rateable value of land or premises	Rate of increase
1.	When the rateable value is less than Rs. 75 per annum.	By an amount equal to 1/24 percent, of the annual letting value.
2.	When the rateable value is less than Rs. 300 per annum but not less than Rs. 75 per annum.	By an amount equal to 5/24 percent, of the annual letting value.
3.	When the rateable value is less than Rs. 5,000 per annum but not less than Rs. 300 per annum.	By an amount equal to ¼ percent, of the annual letting value.
4.	When the rateable value is less than Rs. 10.000 per annum but not less than Rs. 5,000 per annum.	By an amount equal to 7/24 percent, of the annual letting value.
5.	When the rateable value is not less than Rs. 10.000 per annum.	By an amount equal to ⅓ percent, of the annual letting value:

Provided that, where the owner of such land or premises owns, in addition to such land or premises, any other land or premises in that locality in which such land or premises is situated and the education cess" paid by him in respect of such land or premises is assessed on the annual letting value of all the lands or premises.]

[5T. Notwithstanding anything contained in these rules, where the amount of compensation payable as rent in respect of any land or premises in Greater Bombay has been determined before the 1st day of April, 1976 (hereinafter referred to as "the said date") under sub-section (1) of section 8 of the Act (such amount being an amount inclusive of any increase by an addition to rent made in pursuance of any order made by the Compensation Officer under any of the, foregoing rules) (hereinafter referred to as "the rent") and the education cess on such land or premises under sub-section (1) of section 195-E of the Bombay Municipal Corporation Act, 1888, has been levied in respect of such land or premises in accordance with the scale sanctioned by the State Government by Government Resolution, Urban Development and Public Health Department, No. TAX. 1275/1174-C1, dated the 27th March, 1975, as amended by Government Resolution, Urban Development, Public Health and Housing Department, No. TAX. 1276/2105-UD-3, dated 25th June, 1976 (being the education cess which the owner of such land or premises is entitled to recover under sub-section (2) of section 195-E of "the said Act"), the Compensation Officer may by a general or special order direct that the amount of rent so determined in respect of such land or premises shall, on and from the aid date, be increased per month in accordance with the following scale, namely:-

	No. and Rateable value of land or premises	Rate of increase
1.	When the rateable value of which is less than Rs. 76 per annum.	by an amount equal to 1/24 per cent, of the annual letting value.
2.	When the rateable value of which is less than Rs. 300 per annum.	by an amount equal to 5/24 per cent, of the annual letting value.
3.	When the rateable value of which is less than Rs. 5,000 per annum but not less than Rs. 300 per annum.	by an amount equal to ¼ per cent, of the annual letting value.
4.	When the rateable value of which is not less than Rs. 5,000 per annum.	by an amount equal to 5/12 per cent, of the annual letting value:

Provided that, where the owner of such land or premises owns, in addition to such land or premises, any other land or premises in the locality in which such land or premises is situated and the education cess paid by him in respect of such land or premises is assessed on the annual letting value of all the lands or premises owned by him in the said locality, then the increase in the rent payable in respect of such land or premises shall be made at the same rate per rupee of the letting value of such land or premises at which the owner of such land or premises has paid the education cess in respect thereof.]

[5U. Notwithstanding anything contained in these rules, where the amount of compensation payable as rent in respect of any land or premises in Greater Bombay has been determined before the 1st of April, 1976 (hereinafter referred to as "the said date") under such-section (1) of section 8 of the Act (such amount being an amount inclusive of any increase by an addition to rent made in pursuance of any order made by the Compensation Officer under any of the foregoing rules, if any (hereinafter referred to as "the rent"), and the water benefit tax sewerage benefit tax on such land and premises under clauses (a) (ii) and (b)(ii) of sub-section (1) of section 140 of the Bombay Municipal Corporation Act (Bombay III of 1888), have been increased from the said date at the rate of 2 per cent, and 1 per cent, respectively on the rateable value of the property (being the charges which the owner of such premises is entitled to recover from the person in occupation under section 173 of the said Act), the Compensation Officer, may, by general or special order, direct that the amount of rent so determined in respect of such land or premises shall, on and from the said date, be increased per month by an amount equal to 1/6 per cent. 1/12 per cent, respectively of the rateable value of such land or premises.]

[5V. Notwithstanding anything contained in these rules, where the amount of compensation payable as rent in respect of any premises in Greater Bombay has been determined before the 1st day of April, 1976 (hereinafter referred to as "the said date") under subsection (1) of section 8 of the Act (such amount being an amount inclusive of any increase by an addition to rent made in pursuance of any order made by the Compensation Officer under any of the foregoing rules if any and hereinafter referred to as "rent") and the general tax on such land and premises under clause (c) of section 140 of the Bombay Municipal Corporation Act (Bombay III of 1888), except the properties covered by the provisions of section 143 of the said Act, has been increased from the said date at the rate of ¾ per cent, on the rateable value of the property (being the charges which the owner of such premises is entitled to recover from the person in occupation under section 173 of the Bombay Municipal Corporation Act), the Compensation Officer, may by general or special order direct that the amount of rent so determined in respect of such land or premises shall, on and from the said date, be increased per month by an amount equal to 1/16 per cent, of the rateable value of such land or premises.]

[5W. Notwithstanding anything contained in these rules, where the amount of compensation payable as rent in respect of any premises in Greater Bombay has been determined before the commencement of this rule under sub-section (1) of section 8 of the Act (such amount being an amount inclusive of any increase by an addition to rent made in pursuance of any order made by the Compensation Officer under any of the foregoing rules, if any) (hereinafter referred to as "the rent") and the sewerage tax on such premises levied by the Municipal Corporation of Greater Bombay under section 142 of the Bombay Municipal Corporation Act (Bombay III of 1888) (hereinafter referred to as "the said Act") has been increased with effect from the 1st day of April, 1976 (hereinafter referred to as "the said date") by ½ per cent, under the Sewerage and Waste Removal Rules effective from the said date made by the Standing Committee of that Corporation, to four per cent of the rateable value of the premises (being a sewerage tax, which the owner of such premises is entitled to recover from the person in occupation under section 173 of the said Act), the Compensation Officer, may, by a general or special order, direct that the amount of rent so determined in respect of such premises shall on and from the said date, be increased per month by an amount equal to 1/24 per cent, of the rateable value of such premises.]

[5X. Notwithstanding anything contained in these rules, where the amount of compensation payable as rent in respect of any land or premises held on Inami or Special Tenure in Greater Bombay has been determined before the 1st day of August, 1971 (hereinafter referred to as "the said date") under sub-section (1) of section 8 of the Act (such amount being an amount inclusive of any increase by an addition to rent made in pursuance of any order made by the Compensation Officer under any of the preceding rules, if any) (hereinafter referred to as "the rent") and where the assessment of such land and premises has been fixed in the manner prescribed in section 8 of the Bombay City (Inami and Special Tenures) Abolition and Maharashtra Land Revenue Code (Amendment) Act, 1969, the Compensation Officer, may by general or special order, direct that the amount of rent so determined in respect of such land or premises shall, on and from the said date be increased by an amount which would have been recoverable per month from a tenant under subsection (2) of section 10F of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947, had the said land or premises been in occupation of a tenant.]

[5Y. Notwithstanding anything contained in these rules, where the amount of compensation payable as rent in respect of any residential premises in any corporation area, has been determined before the 1st day of April, 1979 (hereinafter referred to as "the said date") under sub-section (1) of section 8 of the Act (such amount being an amount inclusive of any increase by an addition to rent made in pursuance of any order made by the Compensation Officer under any of the foregoing rules but exclusive of any increase by addition to rent made by him by order under rule 5-P), and a tax has been levied in respect of such residential premises in accordance with section 3 of the Maharashtra Tax on Buildings (with larger Residential premises) (Re-enacted) Act, 1979 (Bombay XXIX of 1979) (hereinafter referred to as "the said Act") (being the tax which the owner of such residential premises is entitled to recover under section 5 of the said Act), the Compensation Officer may by a general or special order, direct that the amount of compensation so determined in respect of such residential premises shall, on and from the said date, be increased per month by an amount equal to the proportionate increase which the landlord would have been entitled to make in the rent in respect of premises under section 5 of the said Act, had the allottee been a tenant of such residential premises.

Explanation. - For the purpose of this rule, the expressions "residential premises" and "corporation area" shall have the same meaning as are, respectively, assigned to them in the said Act.]

[5Z. Notwithstanding anything contained in these rules, where the amount of compensation payable as rent per month in respect of any premises in Greater Bombay has been determined before the 18th day of April, 1983 (hereinafter referred to as "the said date") under sub-section (1) of section 8 of the Act such amount being an amount inclusive of any increase by an addition to rent made in pursuance of any order made by the Compensation Officer under any of the foregoing rules) (hereinafter referred to as "the rent") and the Water Tax on such premises under clause (a) of section 140 of the Bombay Municipal Corporation Act (Bombay III of 1888), has been increased from the said date, the Compensation Officer, may by general or special order, direct that the amount of rent so determined in respect of such premises shall, on and from the date, be increased per month by an amount equal to 1/6 per cent of the rateable value of such premises.]

[5ZA. Notwithstanding anything contained in these rules, where the amount of compensation payable as rent in respect of any premises in Greater Bombay has been determined before the commencement of this rule under sub-section (1) of section 8 of the Act (such amount being an amount inclusive of any increase by an addition to rent made in pursuance of any order made by the Compensation Officer under any of the foregoing rules, if any) (hereinafter referred to as "the rent") and the sewerage tax on such premises levied by the Municipal Corporation of Greater Bombay under section 142 of the Bombay Municipal Corporation Act (Bombay III of 1988) (hereinafter referred to as "the said Act"), has been increased with effect from the 18th day of April, 1983 (hereinafter referred to as "the said date") by 1 per cent, under the Sewerage and Waste Removal Rules effective from the said date made by the Standing Committee of that Corporation, raising it to five per cent, of the rateable value of the premises (being a sewerage tax which the owner of such premises is entitled to recover from the person in occupation under section 173 of the said Act), the Compensation Officer may, by a general or special order, direct that the amount of rent so determined in respect of such premises shall on and from the said date, be increased per month by an amount equal to 1/12 per cent, of the rateable value of such premises.]

[5ZB. Notwithstanding anything contained in theses rules, where the amount of compensation payable as rent in respect of any land or premises in Greater Bombay has been determined before the 18th day of April, 1983 (hereinafter referred to as "the said date") under sub-section (1) of section 8 of the Act such amount being an amount inclusive of any increase by an addition to rent made in pursuance of any order made by the Compensation Officer under any of the foregoing rules, if any, (hereinafter referred to as "the rent") and the water benefit tax and sewerage benefit tax on such land and premises under clauses (a) (ii) and (b) (ii) of sub-section (1) of section 140 of the Bombay Municipal Corporation Act (Bombay III of 1888), have been increased from the said date by one per cent, each raising the rate of the said taxes to six per cent, and four per cent, respectively of the rateable value of the premises (being the charges which the owner of such premises is entitled to recover from the person in occupation under section 173 of the said Act), the Compensation Officer may by general or special order, direct that the amount of rent so determined in respect of such land or premises shall, on and from the said date, be increased per month by an amount equal to 1/12 per cent, and 1/12 per cent, respectively, of the rateable value of such land or premises.]

[5ZC. Notwithstanding anything contained in these rules, where the amount of compensation payable, as rent in respect of any premises in Greater Bombay has been determined before 1st July, 1983 (hereinafter referred to as "the said date") under sub-section (1) of section 8 of the Act (such amount being an amount inclusive of any increase by an addition to rent made in pursuance of any order made by the Compensation Officer under any of the preceding rules, if any (hereinafter referred to as "the rent") and the Bombay Building Repairs and Reconstruction Cess under sub-section (1) of section 82 of the Maharashtra Housing and Area Development Act, 1976 (hereinafter referred to as "the said Act"), has been levied at the increased rate on such premises from the said date, the Compensation Officer may, by general or special order, direct that the amount of rent so determined in respect of such premises shall, on and from the said date, be increased by an amount equal to the proportionate increase which the landlord would have been entitled to make in the rent in respect of such premises under section 82 of the said Act on account of the levy of the said cess at such increased rate, had the allottee been a tenant in respect of such premises.]

[5ZD. Notwithstanding anything contained in these rules, where the amount of compensation payable, as rent in respect of any premises in Greater Bombay has been determined before the 1st January, 1987 (hereinafter referred to as "the said date"), under sub-section (1) of section 8 of the Act (such amount being an amount inclusive of any increase by an addition to rent made in pursuance of any order made by the Compensation Officer under any of the preceding rules) (hereinafter - referred to as "the rent") and the Bombay Building Repairs and Reconstruction Cess under subsection (1) of section 82 of the Maharashtra Housing and Area Development Act, 1976 (Maharashtra XXVIII of 1977) (hereinafter referred to as "the said Act"), has been levied at the increased rate on such premises from the said date, the Compensation Officer may, by general or special order, direct that the amount of rent so determined in respect of such premises shall, on and from the said date, be increased by an amount equal to the proportionate increase which the landlord would have been entitled to make in the rent in respect of such premises under section 82 of the said Act on account of the levy of the said cess at such increased rate, had the allottee been a tenant in respect of such premises.

5ZE. Notwithstanding anything contained in these rules where the amount of compensation payable as rent per month in respect of nonresident premises in Greater Bombay has been determined before the 5th day of April, 1987 (hereinafter referred to as "the said date") under sub-section (1) of section 8 of the Act (such amount being an amount inclusive of any increase by an addition to rent made in pursuance of any order made by the Compensation Officer under any of the foregoing rules) (hereinafter referred to as "the rent") and the water tax on non-residence premises under clause (a) of section 140 of the Bombay Municipal Corporation Act (Bombay III of 1888), has been increased from the said date, the Compensation Officer, may by general or special order, direct that the amount, of rent so determined in respect of such premises shall, on and from the said date, be increased per month by an amount equal to ½ per cent, of the rateable value of such premises.

5ZF. Notwithstanding anything contained in these rules, where the amount of compensation payable as rent in respect of any land or premises in Greater Bombay has been determined before the 5th day of April, 1987 (hereinafter referred to as "(the said date") under sub-section (1) of section 8 of the Act (such amount being an amount inclusive of any increase by an addition to rent made in pursuance of any order made by the Compensation Officer under any of the foregoing rules) (hereinafter referred to as "the rent") and the water benefit tax and sewerage benefit tax on non-residence premises under clauses (a) (ii) and (iii) of sub-section (1) of section 140 of the Bombay Municipal Corporation Act (Bombay III of 1888) have been increased from the said date by four per cent, and two per cent, raising the rate of the said taxes to ten per cent., and six per cent., respectively of the rateable value of the non-residence premises (being the charges which the owner of such premises is entitled to recover from the person in occupation under section 173 of the said Act), the Compensation Officer may by general or special order, direct that the amount of rent so determined in respect of such land or premises shall, on and from the said date, be increased per month by an amount equal to ⅓ per cent, and ¼ per cent, respectively of the rateable value of such land or premises.

5ZG. Notwithstanding anything contained in these rules, where the amount of compensation payable as rent in respect of nonresidence premises in Greater Bombay has been determined before the commencement of this rule under sub-section (1) of section 8 of the Act (such amount being an amount inclusive of any increase by an addition to rent made in pursuance of any order made by the Compensation Officer under any of the foregoing rules, if any (hereinafter referred to as "the rent"), and the sewerage tax on nonresidence premises levied by the Municipal Corporation of Greater Bombay under section 142 of the Bombay Municipal Corporation Act, (Bombay III of 1888) (hereinafter referred to as "the said Act"), has been increased with effect from the 5th day of April, 1987 (hereinafter referred to as "the said date") by 3 per cent., under the Sewerage and Waste Removal Rules effective from the said date made by the Standing Committee of that Corporation, raising it to eight per cent, of the rateable value of the non-residence premises (being a sewerage tax which the owner of such premises is entitled to recover from person in occupation under section 173 of the said Act), the Compensation Officer, may, by a general or special order, direct that the amount of rent so determined in respect of such premises shall on and from the said date, be increased per month by an amount equal to ¼ per cent, of the rateable value of such premises.]

No appeal shall lie under sub-section (3) of section 8,-

(1) If the total amount of compensation, assessed under these rules and payable in lumpsum, does not exceed -

(a) Rs. 250 in areas within the limits of a Municipality or Municipal Corporation; or

(b) Rs. 150 elsewhere;

(2) In cases where such amount is to be paid periodically every month, if the amount equivalent to five months' compensation does not exceed -

(a) Rs. 250 in areas within the limits of a Municipality or Municipal Corporation; or

(b) Rs. 150 elsewhere.

(1) The amount of court-fee payable on a memorandum of appeal under sub-section (3) of section 8 of the Act shall be at the rate of 5 per centum on the amount computed according to the difference between the amount awarded and the amount claimed by the appellant.

(2) The memorandum of appeal under clause (b) of sub-section (2) of section 9 shall bear a court-fee of rupees five.

[Form A]

[See rule 3(1)]

Premises -

Room or Block No.

Name of the Building

Floor

Name of the Road

Requisition Order No. and date

Office Case No.

Name of the Landlord

Name of the person present on behalf of the landlord (if landlord does not attend).

What was the rent of the premises on 1st September, 1940 or if not let on that date, when they were first let before? (please produce rent register and counterfoils).
If they were let for the first time after 1st September, 1940 what was the monthly rent then?
(a) Whether standard rent is fixed by a competent Court (if, so, please produce the order).

(b) If any compensation order was passed by the Compensation Officer previously, (Please produce, the a ward).

What is the amount of increase in may and additional municipal tax on 1st April, 1954.
Whether light charges are included in rent. If not, at what rate are they charged? (Please produce counterfoils if charges are recovered separately).
Whether charges for water are required to be paid separately. (If so, produce proof.)
What is the area and dimensions of the premises? Short description as to whether there is Mori, water tap, bathroom, water closet, etc;
An extract from the municipal assessment register to show the rent adopted by the municipality for 1940-41 if evidence as mentioned in item 1, 2 or 3 is not available.
State the arrears of rent, if any, from the unauthorised occupant or allottee. (If so, produce rent receipt and counterfoils.)
The total amount of compensation now claimed under separate items such as rent, etc., to be mentioned in details indicating separately whether -

(a) recurring per month, or per year, or

(b) non-recurring.

Remarks, if any

I/ We hereby solemnly declare that the above information is correct to the best of my/our knowledge.

Date.

Signature of landlord/s.

Signature of the Claimant applicant/s.

Form B

(See rule 3(1)]

Full name of the applicant ...
Full residential address
Details of the premises/land under requisition in respect of which compensation is claimed.
No. and date of Requisition Order.
Rate of compensation fixed and the No. and date of award.
Total amount of compensation claimed and the period for which it is claimed

Month	Amount	Total

	Total ......

I/ We hereby solemnly declare that the above information is correct to the best of my/our knowledge.

Date

Signature of landlord/s.

Signature of the Claimant applicant/s.

Form C

[See rule 3(1)]

Full name of the applicant
Full residential address
Details of premises/land under requisition in respect of which compensation is claimed.
Date of requisition and No. of requisition order.
No. and date of the Order by which the premises/land were/was released from requisition.
Date of possession.......
Total amount of compensation claimed
Details of damages and deterioration caused to the premises otherwise than by reasonable wear and tear or irresistible force and the amount claimed for each of the items separately.

Serial No.	Item No.	Amount claimed

I/ We hereby solemnly declared that the above information is correct to the best of my/ our knowledge.

Date.

Signature of landlord/s.

Signature of the Claimant applicant/s

[Form D]

Memorandum of Agreement made this ....................... day of ..........................One thousand nine hundred and ..................... Between ................. by occupation ......................... at present residing at ........ hereinafter referred to as the owner/ owners (which expression shall unless excluded by or repugnant to the context be deemed to include his/their respective heirs, executors, administrators and assigns) of the one part and the [Governor of Maharashtra] (hereinafter referred to as "the Government" which expression shall unless excluded by or repugnant to the context be deemed to include his successors and assigns) of the other part.

Whereas the owner/s is/are seized and possessed of or otherwise well and sufficiently entitled to the premises/ land situate lying and being at ................................ and more particularly described in the Schedule hereunder written (hereinafter called "the said property").

And Whereas the said property has been requisitioned/continued under requisition under the Bombay Land Requisition Act, 1948 (hereinafter referred to as the said Act) and on the day of ....... 20 ..... have been taken possession of by or on behalf of or under the authority of the Government.

And Whereas the owner/owners has/have represented to and informed the Government that the owner/owners alone is/are entitled to the compensation payable in respect of the said property and that no other person has any right to such compensation or any part thereof.

And Whereas the Government has agreed to pay the said compensation to the owner/s on the terms and conditions hereinafter appearing.

And Whereas the amount of compensation payable by the Government to the owner/owners in respect of the said property has been fixed at Rs. [................. (p.m.)] by the Compensation Officer authorised in that behalf under section 8(1)/9(2)(b) of the said Act.

Now This Agreement Witnesseth as follows :-

The Government or on its behalf the Government allottee who has been given possession of the said property shall pay and the owner/owners shall accept and receive a sum of Rs in full settlement of the compensation for the said property per month as compensation for the use of the said property so long as it continues under requisition.
The said owner/owners shall not claim or be entitled to any other compensation whatsoever in connection with the said requisition excepting (1) any cess or tax that might be levied by the Bombay Municipal Corporation hereafter and which the landlord is permitted to recover from his tenants under the law for the time being in force and (2) the compensation, if any to which the owner/ owners may be entitled to under section 9 of the said Act.
The owner/s shall indemnify and keep harmless the Government against all distresses, actions, proceedings, claims, costs, damages and expenses which may be levied, brought, made or incurred against the Government or which the Government may sustain or by reason of the Government or the allottee on behalf of Government having paid the said amount of compensation to him/ them. Government may, without prejudice to any other rights, powers or remedies of Government recover such amount from the owner/s as an arrear of land revenue.
All questions of differences whatsoever which may at any time hereafter arise between the parties hereto or their respective representatives touching these presents or the construction hereof or as to any other matter in anywise arising out or connected with the subject matter of these presents, the same shall be referred to the Compensation Officer, whose decisions shall be final and binding on the parties hereto.
The Government shall bear the stamp duty payable in respect of this agreement and its duplicate.

Schedule

(Particulars and description of property requisitioned)

In Witness Whereof ............................. the owner above named has set his hand and the ........................... both for and on behalf of the [Governor of Maharashtra] set his hand and the seal of his office hereto the day and year above written.

Signed and Delivered by above named (owner) in the presence of -

(1)

(2)

Signed, Sealed and Delivered by in the presence of -

(1)

(2)