Section 8: Principles and method of determining compensation

Q: What does Section 8 of The Requisitioning and Acquisition of Immovable Property Act, 1952 (TRAIPA) deal with?

Section 8 TRAIPA pertains to "Principles and method of determining compensation". It is part of the The Requisitioning and Acquisition of Immovable Property Act, 1952, a legislation enacted by the Parliament of India. Section 8 of The Requisitioning and Acquisition of Immovable Property Act, 1952 (TRAIPA) governs principles and method of determining compensation. As verified on 19 May 2026.

Q: Is Section 8 TRAIPA still in force?

Yes, Section 8 of the The Requisitioning and Acquisition of Immovable Property Act, 1952 is currently in force across the Republic of India.

Q: What is धारा 8 TRAIPA?

धारा 8 TRAIPA is the Devanagari Hindi reference for Section 8 of the The Requisitioning and Acquisition of Immovable Property Act, 1952. Section 8 of The Requisitioning and Acquisition of Immovable Property Act, 1952 (TRAIPA) governs principles and method of determining compensation. As verified on 19 May 2026.

Q: What is Dhara 8 TRAIPA?

Dhara 8 TRAIPA is the Roman Hindi reference for Section 8 of the The Requisitioning and Acquisition of Immovable Property Act, 1952. "Dhara" means "Section" in Hindi. Section 8 of The Requisitioning and Acquisition of Immovable Property Act, 1952 (TRAIPA) governs principles and method of determining compensation. As verified on 19 May 2026.

Q: How to cite Section 8 of The Requisitioning and Acquisition of Immovable Property Act, 1952?

Cite as: "Section 8, The Requisitioning and Acquisition of Immovable Property Act, 1952 (TRAIPA)" in legal briefs. For academic writing, use the BlueBook format: The Requisitioning and Acquisition of Immovable Property Act, 1952, § 8 (India).

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(1)

Where any property is requisitioned or acquired under this Act, there 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) where the amount of compensation can be fixed by agreement, it shall be paid in accordance with such agreement;

(b) where no such agreement can be reached, the Central Government shall appoint as arbitrator a person who is, or has been, or is qualified for appointment as, a Judge of a High Court;

(c) the Central Government may, in any particular case, nominate a person having expert knowledge as to the nature of the property requisitioned or acquired to assist the arbitrator and where such nomination is made, the person to be compensated may also nominate an assessor for the same purpose;

(d) at the commencement of the proceedings before the arbitrator, the Central Government and the person to be compensated shall state what in their respective opinion is a fair amount of compensation.

(e) the arbitrator shall, after hearing the dispute, make an award determining the amount of compensation which appears to him to be just and specifying the person or persons to whom such compensation shall be paid; and in making the award, he shall have regard to the circumstances of each case and the provisions of sub-sections (2) and (3), so far as they are applicable;

(f) where there is any dispute as to the person or persons who are entitled to the compensation, the arbitrator shall decide such dispute and if the arbitrator finds that more persons than one are entitled to compensation, he shall apportion the amount thereof amongst such persons;

(g) nothing in the [Arbitration Act, 1940 (10 of 1940)] [Now see the Arbitration and Conciliation Act, 1996 (26 of 1996).] shall apply to arbitrations under this section.

(2)

[The amount of compensation payable for the requisitioning of any property shall, subject to the provisions of sub-sections (2-A) and (2-B), consist of] [Substituted by Act 2 of 1975, Section 3, for "The amount of compensations payable for the requisitioning of any property shall consist of " (w.e.f. 7.3.1975).]

(a) a recurring payment, in respect of the period of requisition, of a sum equal to the rent which would have been payable for the use and occupation of the property, if it had been taken on lease for that period; and

(b) such sum or sums, if any, as may be found necessary to compensate the person interested for all or any of the following matters, namely:

(a) in a case where such property has been subject to requisition under this Act for the period of five years or a longer period immediately preceding the commencement of the Requisitioning and Acquisition of Immovable Property (Amendment) Act, 1975

(b) in a case where such property has been subject to requisition under this Act immediately before such commencement for a period shorter than five years and the maximum period within which such property shall, in accordance with the provisions of sub-section (1-A) of section 6, be released from requisition or acquired, extends beyond five years from such commencement,

(c) [ in any other case, [Substituted by Act 35 of 1980, Section 3, for Clause (c)(w.r.e.f. 7.3.1980).]

(3)

[ The compensation payable for the acquisition of any property under section 7 shall be the price which the requisitioned property would have fetched in open market, if it had remained in the same condition as it was at the time of requisitioning and been sold on the date of acquisition.] [Substituted by Act 31 of 1968, Section 2, for sub-Section (3) (w.e.f. 9.8.1968).]