Maharashtra act 004 of 1922 : Mahul Creek (Extinguishment of Rights) Act, 1922

Section 1.Short title.

This Act may be called the Mahul Creek (Extinguishment of Rights) Act, 1922.

Section 2.Extinguishment of rights.

From the first day of June all ¹* * * rights of navigation in that part of the Mahul Creek which lies over and above or to the north of the drawbridge now to be kept permanently closed by the Trustees of the Port of Bombay, and spanning the said creek at a point specified in the Schedule hereto, shall be extinguished.

1 The words "tidal rights and" were repealed by Bom. 16 of 1927. This repeal shall be deemed to have been made and to have had effect from the date on which Bom. 4 of 1922 came into operation :

Provided that if a claim for compensation for loss of tidal rights has been preferred before the Collector of Bombay and the claim has not been adjudicated upon when this Act comes into force, the time during which the proceedings were pending before the Collector shall be excluded in calculating limitation for any suit that may be filed hereafter for damages for interference with such tidal rights. See Bom. 16 of 1927, s. 3.

Section 3.Compensation to be awarded for loss or damage caused by extinction of rights.

(1) On the passing of this Act, the Collector of Bombay shall commence to take order for award of compensation for any loss or damage caused to any person by the extinction of such rights, in the same manner, as nearly as may be, as if he had been directed under section 7 of the Land Acquisition Act, 1894 (I of 1894), to take order for the acquisition of land.

(2) Compensation shall be determined and awarded in accordance, as nearly as may be, with the provisions of the Land Acquisition Act, 1894 (I of 1894), by the said Collector, or, if his award is not accepted, by the Court.