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REQUISITIONING AND ACQUISITION OF IMMOVABLE PROPERTY ACT

Ministry of Law and Justice

Act nº 30 of 1952


  • Act nº 30 of 1952

Preamble

THE REQUISITIONING AND ACQUISITION OF IMMC VABLE PROPERTY ACT, 1952

[Act, No. 30 of 1952]

[14th March, 1952]

PREAMBLE

An Act to provide for the requisitioning and acquisition of immovable property for the purposes of the Union.

Section 1. Short title, extent and duration

(1) This Act may be called the Requisitioning and Acqui­sition of Immovable Property Act, 1952.

(2) It extends to the whole of India except the State of Jammu and Kashmir.

1[(3) *****]

Note.--The Act was extended up to 14-5-1970 in Kerala by Kerala Act 6 of 1968, section 2.

1.Sub-section (3), which was earlier substituted by Act 48 of 1963 has been omitted by the Requisitioning and Acquisition of Immovable Property (Amendment) Act, 1970 (1 of 1970), section 2 (11-3-1970).


Section 2. Definitions

In this Act, unless the context otherwise requires,--

(a) "award" means any award of an arbitrator made under section 8;

(b) "competent authority" means any person or authority authorised by the Central Government, by notification in the Official Gazette, to perform the functions of the competent authority under this Act for such area as may be specified in the notification;

(c) "landlord" means any person who for the time being is receiving or is entitled to receive, the rent of any premises, whether on his own account, or on account or on behalf or for the benefit, of any other person or as a trustee, guardian or receiver for any other person, or who would so receive the rent or be entitled to receive the rent if the premises were let to a tenant;

(d) the expression "person interested", in relation to any property, includes all persons claiming, or entitled to claim, an interest in the compensation payable on account of the requisitioning or acquisition of that property under this Act;

(e) "premises" means any building or part of a building and includes--

(i) the garden, grounds and outhouses, if any, appertaining to such building or part of a building;

(ii) any fittings affixed to such building or part of a building for the more beneficial enjoyment thereof;

(f) "prescribed" means prescribed by rules made under this Act;

(g) "property" means immovable property of every kind and includes any rights in or over such property;

(h) "tenant" means any person by whom or on whose account rent is payable for any premises and includes such sub-tenants and other persons as have derived title under the tenant under any law for the time being in force.

Section 3. Power to requisition immovable property

(1) Where the competent authority is of opinion that any property is needed or likely to be needed for any public purpose, being a purpose of the Union, and that the property should be requisitioned, the competent authority--

(a) shall call upon the owner or any other person who may be in possession of the property by notice in writing (specifying therein the purpose of the requisition) to show cause, within fifteen days of the date of the service of such notice on him, why the property should not be requisitioned; and

(b) may, by order, direct that neither the owner of the property nor any other person shall, without permission of the competent authority, dispose of, or structurally alter, the property or let it out to a tenant until the expiry of such period, not exceeding two months, as may be specified in the order.

(2) If, after considering the cause, if any, shown by any person interested in the property or in possession thereof, the competent authority is satisfied that it is necessary or expedient so to do, it may, by order in writing, requisition the property and may make such further orders as appear to it to be necessary or expedient in connection with the requisitioning : Provided that no property or part thereof--

(a) which is bona fide used by the owner thereof as the residence of himself or his family, or

(b) which is exclusively used either for religious worship by the public or as a school, hospital, public library or an orphanage or for the purpose of accommodation of persons connected with the management of such place of worship or such school, hospital, library or orphanage, shall be requisitioned :

Provided further that where the requisitioned property consists of premises which are being used as a residence by a tenant for not less than two months immediately preceding the date of the service of notice under sub-section (1), the competent authority shall provide such tenant with alternative accommodation which, in its opinion, is suitable.

Section 4. Power to take possession of requisitioned property

(1) Where any property has been requisitioned under section 3, the competant authority may, by notice in writing, order the owner as welt as any other person who may be in possession of the property to surrender or deliver possession thereof to the competent authority or any person duly authorised by it in this behalf within thirty days of the service of the notice.

(2) If any person refuses or fails to comply with an order made under sub-section (1), the competent authority may take possession of the property and may, for that purpose, use such force as may be necessary.

Section 5. Rights over requisitioned property

(1) All property requisitioned under section 3, shall be used for such purposes as may be mentioned in the notice of requisition.

(2) Where any premises are requisitioned under section 3, the competent authority may order the landlord to execute such repairs as may be necessary and are usually made by landlords in that locality and as may be specified in the notice, within such reasonable time as may be mentioned therein, and if the landlord fails to execute any repairs in pursuance of such order, the competent authority may cause the repairs specified in the order to be executed at the expense of the landlord and the cost thereof may, without prejudice to any other mode of recovery, be deducted from the compensation payable to the landlord.

Section 6. Release from requisitioning

(1) The Central Government may at any time release from requisition any property requisitioned under this Act and shall, as far as possible, restore the property in as good a condition as it was when possession thereof was taken subject only to the changes caused by reasonable wear and tear and irresistible force :

Provided that where the purposes for which any requisitioned property was being used cease to exist, the Central Government shall, unless the property is acquired under section 7, release that property, as soon as may be, from requisition.

1(1-A) Not with standing anything contained in sub-section (1), the Central Government shall release from requisition,--

(a) any property requisitioned or deemed to be requisitioned under this Act before the commencement of Requisitioning and Acquisition of Immovable Property (Amendment) Act, 1970, on or before the expiry of a period of2[seventeen years] from such commencement;

(b) any property requisitioned under this Act after such commencement, on or before the expiry of a period of2[seventeen years] from the date on which possession of such property was surrendered or delivered to, or taken by, the competent authority under section 4,unless such property is acquired under section 7 within the period of2[seventeen years] aforesaid.]

(2) Where any property is to be released from requisition,1[under sub-section (1) or under subsection (1-A)] the competent authority may, after such inquiry, if any, as it may in any case consider necessary to make or cause to be made, specify by order in writing the person to whom possession of the property shall be given and such possession shall, as far as practicable, be given to the person from whom possession was taken at the time of the requisition or to the successors-in-interest of such person.

(3) The delivery of possession of the property to the person specified in an order under subsection (2) shall be a full discharge of the Central Government from all liability in respect of the property, but shall not prejudice any rights in respect of the property which any other person may be entitled by due process of law to enforce against the person to whom possession of the property is given.

(4) Where any person to whom possession of any requisitioned property is to be given is not found and has no agent or other person empowered to accept delivery on his behalf, the competent authority shall cause a notice declaring that the property is released from requisition to be affixed on some conspicuous part of the property and shall also publish the notice in the Official Gazette.

(5) When a notice referred to in sub-section (4) is published in the Official Gazette, the property specified in such notice shall cease to be subject to requisition on and from the date of such publication and shall be deemed to have been delivered to the person entitled to possession thereof and the Central Government shall not be liable for any compensation or other claim in respect of the property for any period after the said date.

(6) Where any property requisitioned under this Act or any material part thereof is wholly destroyed or rendered substantially and permanently unfit for the purpose for which it was requisitioned by reason of fire, earthquake, tempest, flood or violence of any army or of a mob or other irresistible force, the requisition shall, at the option of the Central Government, be void :

Provided that the benefit of this sub-section shall not be available to the Central Government where the injury to such property is caused by any wrongful act or default of that Government.

1.Inserted by the Requisitioning and Acquisition of Immovable Property (Amendment) Act, 1970 ,(1 of 1970), section 3 (11-3-1970).

2.Substituted for the words "fifteen years" by the Requisitioning and Acquisition of Immovable Property (Amendment) Act, 1970 ,(1 of 1970), section 3 (11-3-1970) (20 of 1985), section 2 (w.r.e.f. 8-3-85).


Section 7. Power to acquire requisitioned property

(1) Where any property is subject to requisition, the Central Government may, if it is of opinion that it is necessary to acquire the property for a public purpose, at any time acquire such property by publishing in the Official Gazette a notice to the effect that the Central Government has decided to acquire the property in pursuance of this section ; Provided that before issuing such notice, the Central Government shall call upon the owner of, or any other person who, in the opinion of the Central Government, may be interested in, such property to show cause why the property should not be acquired; and after considering the cause, if any, shown by any person interested in the property and after giving the parties an opportunity of being heard, the Central Government may pass such orders as it deems fit.

(2) When a notice as aforesaid is published in the Official Gazette, the requisitioned property shall, on and from the beginning of the day on which the notice is so published, vest absolutely in the Central Government free from all encumbrances and the period of requisition of such property shall end.

(3) No property shall be acquired under this section except in the following circumstances, namely ;--

(a) Where any works have, during the period of requisition, been constructed on, in or over, the property wholly or partially at the expense of the Central Government and the Government decides that the value of, or the right to use, such works should be secured or preserved for the purposes of Government; or

(b) where the cost of restoring the property to its condition at the time of its requisition would, in the determination of the Central Government, be excessive and the owner declines to accept release from requisition of the property without payment of compensation for so restoring the property.

(4) Any decision or denomination of the Central Government under sub-section (3) shall be final and shall not be called in question in any Court.

(5) For the purposes of clause (a) of sub-section (3) "works" includes buildings, structures and improvements of every description.

Section 8. Principles and method of determining compensation

(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 po such agreement can be reached, the Centra! 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 shall apply to arbitrations under this section.

(2)1[The amount of compensation payable for the requisitioning of any property shall, subject to the provisions of sub-sections (2A) and (2B), consist of --

(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 :-

(i) pecuniary loss due to requisitioning;

(ii) expenses on account of vacating the requisitioned premises;

(iii) expenses on account of reoccupying the premises upon release from requisition; and

(iv) damages (other than normal wear and tear) caused to the property during the period of requisition, including the expenses that may have to be incurred for restoring the property to the condition in which it was at the time of requisition.

2[(2A) The recurring payment, referred to in clause (a) of sub-section (2), in respect of any prop­erty shall, unless the property is sooner released from requisition under section 6 or acquired under section 7, be revised in accordance with the provisions of sub-section (2B) --

(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 --

(i) first with effect from the date of such commencement, and

4[(ii) secondly with effect from the expiry of five years, thirdly with effect from the expiry often years, from such commencement;]

(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 (1A) of section 6, be released from requisition or acquired, extends beyond five years from such commencement, --

(i) first with effect from the date of expiry of five years from the date on which possession of such property has been surrendered or delivered to, or taken by, the competent authority under section 4, and

4[(ii) secondly with effect from the date of expiry of five years, and thirdly with effect from the date of expiry of len years, from the date on which the revision made under sub-clause (i) takes effect;]

4[(c) in any other case, --

"(i) first with effect from the date of expiry of five years from the date on which possession of such property has been surrendered or delivered to. or taken by, the competent authority under section 4, and

5[(ii) secondly with effect from the date of expiry of five yeans, and thirdly with effect from the date of expiry of ten years, from the date on which the revision under sub-cl. (i) takes effect.]

(2B) The recurring payment in respect of any property shall be revised by re-determining such payment in the manner and in accordance with the principles set out in sub-section (1) read with clause (a) of sub-section (2), as if such property had been requisitioned under this Act on the date with effect from which the revision has to be made under sub-section (2A).]

3[(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.]

1.Substituted for the words "The amount of compensations payable for the requisitioning of any property shall consist of by the Requisitioning and Acquisition of Immovable Properly (Amendment) Act, 1975 (2 of 1975), Section 3 (7-3-1975).

2. Inserted by the Requisitioning and Acquisition of Immovable Properly (Amendment) Act, 1975 (2 of 1975), Section 3 (7-3-1975).

3.Substituted, by the Requisitioning and Acquisition of Immovable Properly (Amendment) Act, 1975 ( 2 of 1975 ), Section 3 ( 7 - 3 - 1975 ), 1968 ( 31 of 1968 ), Section. 2 ( 9 - 8 - 1968 ) ( 35 of 1980 ), Section. 3 (w .r.e.f . 7 - 3 - 80 ).

4.Substituted, by the Requisitioning and Acquisition of Immovable Properly (Amendment) Act, 1975 ( 2 of 1975 ), Section 3 ( 7 - 3 - 1975 ), 1968 ( 31 of 1968 ), Section. 2 ( 9 - 8 - 1968 ) ( 35 of 1980 ), Section. 3 (w .r.e.f . 7 - 3 - 80 ). ( 20 of 1985 ), Section. 3 (w .r.e.f . 8 - 3 - 85 ).

5.Substituted, by the Requisitioning and Acquisition of Immovable Properly (Amendment) Act, 1975 ( 2 of 1975 ), Section 3 ( 7 - 3 - 1975 ), 1968 ( 31 of 1968 ), Section. 2 ( 9 - 8 - 1968 ). Substituted, by the Requisitioning and Acquisition of Immovable Properly (Amendment) Act, 1975 ( 2 of 1975 ), Section 3 ( 7 - 3 - 1975 ), 1968 ( 31 of 1968 ), Section. 2 ( 9 - 8 - 1968 ).


Section 9. Payment of compensation

The amount of compensation payable under an award shall, subject to any rules made under this Act, be paid by the competent authority to the person or persons entitled thereto in such manner and within such time as may be specified in the award.

Section 10. Appeals from orders of requisitioning

(1) Any person aggrieved by an order of requisition made by the competent authority under sub-section (2) of section 3 may, within twenty-one days from the date of service of the order, prefer an appeal to the Central Government:

Provided that the Central Government may entertain the appeal after the expiry of the said period of twenty-one days, if it is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time.

(2) On receipt of an appeal under sub-section (1), the Central Government may, after calling for a report from the competent authority and giving an opportunity to the parties of being heard and after making such further inquiry, if any, as may be necessary, pass such orders as it thinks fit and the order of the Central Government shall be final.

(3) Where an appeal is preferred under sub-section (1), the Central Government may stay the enforcement of the order of the competent authority for such period and on such conditions as it thinks fit.

Section 11. Appeals from awards in respect of compensation

Any person aggrieved by an award of the arbitrator made under section 8 may, within thirty days from the dale of such award, prefer an appeal to the High Court within whose jurisdiction the requisitioned or acquired property is situate :

Provided that the High Court may entertain the appeal after the expiry of the said period of thirty days, if it is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time.

Section 12. Competent authority and arbitrator to have certain powers of civil courts

The competent authority and the arbitrator appointed under section 8, while holding an inquiry or, as the case may be, arbitration proceedings under this Act, shall have all the powers of a civil court, while trying a suit, under the Code of Civil Procedure, 1908 in respect of the following matters, namely : --

(a) summoning and enforcing the attendance of any person and examining him on oath;

(b) requiring the discovery and production of any document;

(c) reception of evidence on affidavits;

(d) requisitioning any public record from any court or office;

(e) issuing commissions for examination of witnesses.

Section 13. Power to obtain information

The Central Government or the competent authority may, with a view to carrying out the purposes of section 3 or section 6, or section 7, or section 8, by order require any person to furnish to such officer, as may be specified in the order, such information in his possession as may be specified relating to any property which is requisitioned or acquired, or intended to be requisitioned or acquired, under this Act.

Section 14. Power to enter and inspect

The competent authority or any officer, empowered in this behalf by such authority by general or special order, may enter and inspect any property for the purposes of determining whether, and if so, in what manner, an order under this Act should be made in relation to such property or with a view to securing compliance with an order made under this Act.