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The Mahul Creek (Extinguishment of Rights) Act, 1922 Complete Act - Bare Act

StateMaharashtra Government
Year
Act Info:
THE MAHUL CREEK (EXTINGUISHMENT OF RIGHTS) ACT, 1922

THE MAHUL CREEK (EXTINGUISHMENT OF RIGHTS) ACT, 1922

BOMBAY ACT No IV OF 1922

[May 1922]

Amended by Bom. 16 of 1927.

WHEREAS it is expedient to facilitate the laying by the Trustees of the Port of Bombay of a new oil pipe line to the oil pier at Trombay

And whereas for the proper laying and protection of the said pipe line it is necessary to keep the drawbridge now maintained by the Port Trust Railway over the Mahul Creek permanently closed and thus to cut off from access to the sea a portion of the said creek

And whereas it is therefore necessary to extinguish all 2[ x x x ]rights of navigation in the said creek over and above the site of the said bridge

And whereas the previous sanction of the Governor General required by clauses (e) and (f) of sub-section (3) of Section 80-A of the Government of India Act has been obtain ed for the passing of this Act; It is enacted as follows

Footnotes:

2. The words "tidal rights and" were repealed by Born. 16 or
3927 This repeal shall be deemed to have been made and to have had effect from the date on which 8am. 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 ban 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 Born. 16 of 1927, S. 3.
SECTION 01: SHORT TITLE

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

SECTION 02: EXTINGUISHMENT OF RIGHTS

From the first day of June, 1922 all [x x x] 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 spinning the said creek at a point specified in the Schedule hereto, shall be extinguished.

SECTION 03: COMPENSATION T BE AWARDED (OR 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 the award of compensation for any Joss 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, 1S94, 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, by the said Collector, or, if his award is not accepted, by the Court.

SCHEDULE-(See Section 2)

The site of the drawbridge is about 60) feet, measured along the western edge of the Mahul Creek, to the north of the centre line of the Pakdi Creek, as shown on City Survey Sheet No. 587, and 900 feet measured along the western edge of the Mahul Creek to the south of the centre line of the Chandani Creek, as shown on City Survey Sheet No. 589. It is approximately 730 feet to the east of the old Tower situating near the Laxman Govind Salt Pan Works as shown on City Survey Sheet No. 587.

Maharashtra State Acts


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