86540
Lawyers Network
103860
Users
630
Cities Serving
114
Law Schools Network
59824
REQUISITIONING AND ACQUISITION OF IMMOVABLE PROPERTY ACT, 1952
30 of 1952
14th March, 1952
STATEMENT OF OBJECTS AND REASONS "During the war, lands and buildings were requisitioned under the Defence of India Act, 1939, and the rules made thereunder and such property continued to be subject to requisition under the Requisitioned Land (Continuance of Powers) Act, 1947 (17 of 1947). As this Act was due to expire on 31st
March 1952 and as the Government of India had no powers to requisition any property outside Delhi it was essential not only to take measures to ensure the continuance of the requisition of the premises already requisitioned under the Defence of India Rules, but also to secure powers for the Central Government to make fresh requisitions in order to meet its demands for residential and office accommodation outside Delhi Government of India were, therefore, considering the introduction of suitable legislation to meet the above purposes for it was doubtful whether they could continue to rely, after the Constitution came into force, on the State Governments for requisitioning properties outside Delhi for the purposes of the Union. Before however, the proposed legislation could be presented to Parliament, a judicial decision was given to the effect that a State Government had no powers to requisition premises for any purpose of the Union, e.g. for allotment to a Central Government servant. A large number of houses in Bombay, Calcutta and other principal cities had at the request of the Central Government, been requisitioned by the State Government under their laws and placed at the disposal of the Central Government. A difficult situation-would, therefore, have arisen if these orders of requisition were allowed to be challenged in Courts and declared invalid In order to avoid such difficulting an Ordinance – The Requisitioning and Acquisition of Immovable Property Ordinance 1952 (3 of 1952) - was promulgated on 25th January 1952. The Ordinance empowers the Central Government to requisition, for the purposes of the Union, any immovable property, and to acquire such requisitioned property under certain specified conditions. The principles and method according to which compensation shall be determined and paid for such requisitioning and acquisition have been laid down in Sections 8 and 9, Provision is made in sections 10and11for appeals against orders of the requisitioning and awards determining compensation. The Ordinance also validates every requisition made by a State Government where the requisitioned property is placed at the disposal of the Central Government or an officer or authority subordinate to that Government. The Ordinance repeals the Requisitioned Land (Continuance of Powers) Act, 1947and the Delhi Premises (Requisition and Eviction) Act, 1947 (49 of 1947). As Act 49 of 1947 is repealed, the Ordinance makes certain amendments, mainly consequential, in the Government Premises (Eviction) Act 1950 (27 of 1950). The present Bill seeks to replace the Ordinance by an Act of Parliament." - Gaz. of Ind., 1952, Pt. II, section 2. page 55. II Amending Act I of 1958.- The Requisitioning and Acquisition of Immovable Property Act, 1952, which empowers the Central Government to requisition immovable property for the purposes of the Union and to acquire requisitioned property under certain circumstances is due to expire on the 14th March, 1958. It is not however, feasible either to release the property held under requisition or to acquire it because the former course of action will aggravate the existing shortage which is of the order of 7 to 8 lakh sq. ft. of office accommodation and 40 to 42000 units of residential accommodation and the latter will involve expenditure running into several crores of rupees. In this connection, it has been estimated that the property held under requisition by the Defence Ministry alone is of the value of seven to eight crores of rupees. The conversion of existing requisitioning into leases besides being expensive is fraught with much difficulty as landlords are generally averse to making leases in favour of Government. In the context of the continuing expansion of developmental activity of the Government, it is inevitable that augmentation of accommodation resources by new construction would lag behind the actual requirements at any given time. The conditions which necessitated resort to requisitioning are, therefore, likely to persist for a long time to come. The experience of the last 18 years during which Government have had power to requisition or continue under requisition property for essential Union purposes [first under the Defence of India Act, 1939 subsequently under the Requisitioned Land (Continuance of Powers) Act, 1947, and lately under the Requisitioning and Acquisition of Immovable Property Act, 1952] also reinforces the need for Government to retain these powers indefinitely. In the circumstances, it is proposed to convert the existing temporary enactment into a permanent one. S.O.R. -Gaz. of Ind., 13-12-1957, Pt. II, section 2., Ext., p. 954. Ill Amending Act 48 of 1963.- The Requisitioning and Acquisition of Immovable Property Act, 1952, which empowers the Central Government to requisition immovable property for the purposes of the Union and to acquire requisitioned property under certain circumstances is due to expire on the 14th of March, 1964, It is common knowledge that with the continued expansion of developmental activities of the Government there has been an appreciable increase in the demand for office and residential accommodation. As at present, the shortage estimated is approximately 59 lakh sq. ft. of office accommodation and 74,000 units of residential accommodation in Delhi, Bombay, Calcutta and Madras. Any step to release the property held under requisition at this stage will only aggravate the existing shortage. At the same time, it may not be possible to acquire that property in view of the expenditure involved which may run into several crores of rupees. The conversion of existing requisitioning into leases, besides being expensive is fraught with much difficulty as landlords are generally averse to making leases in favour of Government. Under the present circumstances, therefore, the need to requisition or continue under requisition property for essential Union purposes is likely to persist for some time to come. Accordingly, it is proposed that the life of the existing Act be extended for a further period of six years i.e. up to the 13th day of March, 1970 S.O.R.-Gaz. of Ind., 19-11-1963, Pt. II, section 2, Ext., p. 748. IV Amending Act 31 of l968.-TheDefence of India Act, 1962will expire on the
10th July, 1968, that is six months from the date of revocation of the Proclamation of Emergency. A large number of immovable properties have been requisitioned under the Defence of India Act 1962. The cost of acquisition of these properties will be prohibitive. On many of these requisitioned lands valuable structures have been put up. In the majority of the cases it has not been possible to vacate the lands and hand them over to the owners. It is, therefore, considered necessary that the properties requisitioned under the Act should continue to be subject to requisition even after the expiry of the Act. For this purposes it is propose to amend the Requisitioning and Acquisition of Immovable Property Act, 1952 by adding a provision somewhat on the lines of section 24(2)of that Act to provide that all property requisitioned under the Defence of India Act, 1962, shall from the date of revocation of the Proclamation of Emergency be deemed to be property requisitioned under the 1952 Act. In other words, though in fact the requisitioning of these properties was made under the Defence of India Act, it shall be deemed to have been made under section 3 of the Requisitioning and Acquisition of Immovable Property Act, 1952and all the provisions of the latter Act shall apply accordingly. 2. Opportunity
is taken to omit clause (b) of sub-section (3) of section 3as the same has been struck down by the Supreme Court as violative of Article 31 (2)of the Constitution. 3. The Bill seeks to achieve the above objects, S.O.R. -Gaz. of Ind., 10-5- 1968, Pt. II, section 2, Ext., p. 704. V Amending Act I of 1970.- The power to requisition and to acquire immovable properties for a public purpose was first provided in the Defence of India Act, 1939which came to an end on the 30th September, 1946. It was, however, found necessary to retain some of the properties for a longer period in the occupation
of the Government. Therefore, it was provided in the Requisitioned Land (Continuance of Powers) Act, 1947that any property which had been requisitioned under the Defence of India Act, 1939would continue to remain under requisition. Subsequently, the Requisitioning and Acquisition of Immovable Property Act, 1952 was enacted to confer-powers on the Government in this regard. Section 24of the Act provided .that any property which was subject to requisition under the Act of 1947 shall be deemed to have been requisitioned under the Requisitioning and Acquisition of Immovable Property Act, 1952. This Act was initially to remain in force for six years and was to expire on the 13th March, 1958. The life of the Act was however, extended from time to time, and will now remain in force up to the 13th March, 1970. 2. Chapter VI of the Defence of India Act, 1962provided for the requisitioning and acquisition of immovable property. The Act ceased to have effect with effect from the 10th July, 1968, namely six months after Proclamation of Emergency which was revoked with effect from the 10th January, 1968. As there were numerous properties requisitioned under the Defence of India Act,
1962, it was not found possible either to release them or to acquire them by the payment of compensation. The Requisitioning and Acquisition of Immovable Property (Amendment) Act 1968, was therefore, enacted to provide that the properties requisitioned under the Defence of India Act 1962shall be deemed to have been requisitioned under the Requisitioning and Acquisition of Immovable Property Act, 1952. Many properties which have been requisitioned under the Defence of India Act, 1962and the Requisitioning and Acquisition of Immovable Property Act, 1952 are in the possession of the Ministry of Defence and also of some other Ministries. Although the Government is expeditiously implementing the policy of acquiring or de-requisitioning the requisitioned properties, a large number which are expected to be needed even after the 13th March, 1970 for public purposes will not have been acquired by then. On many of the properties, valuable constructions of a permanent nature connected with national defence or the conduct of military operations or other important public purpose have been put up. It will not be expedient to remove these structures for the purpose of release of the properties to the owners pending a decision to acquire or release the properties. In addition, it is felt that there will always be need for requisitioning or acquiring immovable properties for public purposes. The Law Commission of India has recommended in their Tenth Report that the law of requisitioning should be embodied in a permanent code. It is accordingly proposed that the Requisitioning and Acquisition of Immovable Property Act, 1952, should be made a permanent piece of legislation. 3. Compensation once fixed under the Act cannot be revised during the entire period of requisitioning, as it is based on the rent that the property would have fetched if it had been leased out on the date of the requisitioning. It is fell that it will be fair to the owners if the amount of compensation is reviewed quennially with reference to the circumstances prevailing at the time of the review, 4. The Law Commission of India also recommended that no property should be kept under requisition for a period longer than five years and if, before the expiry of that period, the Government considered it necessary to acquire the property, they should be at liberty to do so. If, however, they decided to acquire the property it would not be proper to keep the property indefinitely under requisition. The period of five years is, however, considered inadequate for the purpose and it is proposed that the maximum period of requisitioning should be ten years from the date of commencement of the proposed legislation in the case of properties already under requisition and 10 years from the date on which the possession Its taken in the case of properties which may be requisitioned after such commencement. 5. The Bill seeks to achieve the above objects S.O.R. - Gaz. of Ind., 15-12-1969, Pt. II,section 2, Ext.. p. 1116. VI Amendment Act I of 1973.- The power to requisition and to acquire immovable properties for a public purpose was first provided in the Defence of India Act, 1939, which expired on 30th September, 1946. It was, however found necessary to retain some of the properties for a longer period in the occupation of the Government. Therefore, it was provided in the Requisitioned Land (Continuance of Powers) Act, 1947, that any property which had been requisitioned under the Defence of India Act, 1939, would continue to remain under requisition. Subsequently, the Requisitioning and Acquisition of Immovable Property Act, 1952, was enacted to confer powers on the Government in this regard. The Act initially to remain in operation for a period of six years but its duration was extended from time to time. The Requisioning and Acquisition of Immovable Property (Amendment) Act, 1970, made it a permanent measure, but restricted the period for which a requisitioned property could be retained under requisition to three years from the commencement of the Amendment Act in the case of properties requisitioned before such commencement and in the case of any property requistioned after such commencement to three years from the date on which possession of such property was surrendered. or delivered to or taken by, the competent authority under section 4 of the Act of 1952. As the Amendment Act of 1970 came into force on 11-3-1970, the maximum period for which properties requisitioned before the commencement of that Act can be retained under requisition will expire on the 11th March, 1973. 2. A large number of properties requisitioned under the above Act are still in the possession of the Ministry of Defence and also of some other Ministeries. Although Government is expeditiously implementing the policy of acquiring or de-requisitioning the requisitioned properties, a large number of them are expected to be needed by Government even after the 10th March, 1973 for public purposes. On many of these properties valuable constructions of a permanent nature connected with national defence or the conduct of military operations or other important public purposes have been put up. It will not be expedient to remove the structures for the purpose of release of the properties to the owners pending a decision to acquire or release the properties, 3, In the circumstances, it is considered necessary to amend the Act so as to extend by two years the maximum periods for which properties may be retained under requisition. 4. The Bill seeks the above objective. It is, however, intended to bring forward later a comprehensive legislation providing for revision of compensation and also for a longer period of requisition. S.O.R.-Gaz. of Ind.,22 -2- 1973, Pt. II. section 2Ext.,p.2. VII. . Amending Act 2 of 1975.- The power to requisition and to acquire immovable properties for a public purpose was first provided in the Defence of India Act, 1939, which expired on the 30th September, 1946, it was, however, found necessary to retain some of the properties for a longer period in the occupation of the Government. Therefore, it was provided in the Requisitioned Land (Continuance of Powers) Act. 1947, that any property which had been requisitioned under the Defence of India Act, 1939, would continue to remain under requisition. Subsequently, the Requisitioning and Acquisition of Immovable Property Act, 1952, was enacted to confer powers on the Government in this regard. The Act was initially to operate for a period of six years but its duration was extended from time to time. The Requisitioning and Acquisition of Immovable Property (Amendment) Act 1970made it a permanent measure, but restricted the period for which a requisitioned property could be retained under requisition to three years from the commencement of the Amendment Act in the case of properties requisitioned before such commencement and, in the case of any other property requisitioned after such commencement to three years from the date on which possession of such property was surrendered, or delivered to, or taken by, the competent authority under section 4of the Act of 1952. Thus properties requisitioned before the commencement of the said Amendment Act could be retained under requisition up to the 10th March, 1973. A large' number of properties requisitioned under the Act of 1952 could not be released by the said date and the maximum period for which properties could be kept under continued requisition was extended for a further period of two years by the Requisitioning and Acquisition of Immovable Property (Amendment) Act, 1973. 2. A number of properties requisitioned under the Act are still in possession of the Ministry of Defence and also some other Ministries. Although Government is expeditiously implementing the policy of acquiring or de-requisitioning the requisitioned properties, a large number of them are expected to be needed by Government even after the 10th March 1975, for public purposes. On many of the properties valuable constructions of a permanent nature connected with the national defence or the conduct of military operations or other important public purposes have been put up. It will not be expedient to remove the structures for the purpose of release of the properties to the owners pending a decision to acquire or release the properties. Moreover, due to financial stringency, it is not possible either to acquire the properties or take up large scale construction programmes in the immediate future to enable Government to release the requisitioned properties. It is, therefore necessary to keep the properties under continued requisition for a longer period.
3. Under the Act compensation once fixed cannot be revised during the entire period of requisitioning, as it is based on the rent that the requisitioned property would have fetched if it had been leased out on the date of requisitioning. But, the position has greatly changed now because rent for urban properties has increased several fold and similarly the present annual produce of agricultural land is any times more than it was years ago. It is therefore, felt that it will be fair to the owners if the amount of compensation is revised quinquennially with reference to the circumstances prevailing at the time of such revision and that the proposed revision will lessen the pressure from the owners for de-requisitioning or acquiring of their properties. 4. In the circumstances, it is necessary to amend the Act so as to extend by five years, the existing maximum period for which properties may be retained under requisition and to provide for quinquennial revision of the recurring part of compensation. 5. The Bill seeks to achieve the above objects -S.O.R. Gaz. of Ind., 20-2-1975, Pt. II, section 2, Ext., p. 3. VIII Amendment Act 44 of 1977.- On the expiry of the Defence of India Act on 26th September, 1977, (i.e. six months from the date of revocation of the Proclamation of Emergency issued on the 3rd December, 1971), the properties which were requisitioned under section 23of that Act and the properties which were originally requisitioned under the Defence of India Act, 1962, and deemed to have been requisitioned under section 33 of the Defence of India Act, 1971 would have ceased to be under requisition. As the Miinistry of Defence considered it necessary to keep all these properties under requisition even after the 26th September, 1977, for purposes connected with the defence of the country and as Parliament was not in session, the Requisitioning and Acquisition of Immovable Property (Amendment) Ordinance, 1977 was promulgated by the Vice-President discharging the functions of the President on the 23rd September, 1977. The Ordinance amended the Requisitioning and Acquisition of Immovable Property Act, 1952, to provide that the aforementioned properties shall be deemed to have been requisitioned under that Act. 2. The Bill seeks to replace the aforesaid Ordinance -S.O.R. Gaz. of Ind.. 16-11-1977, Pt. II, section 2. Ext., p. 569. IX Act 35 of 1980.- According to the provisions of the Requisitioning and Acquisition of Immovable Property Act. 1952 as these existed immediately before the amendment of the Act by Ordinance No. I of 1980, all the properties, which were requisitioned prior to the amendment of the aforesaid Act in 1970, were required to be released from requisition or acquired by the 10th of March, 1980. However, it was found that a large number of these properties are required to be retained by the Ministry of Defence or by the Ministry of Works and Housing and other Ministries beyond 10th March. 1980, for public purposes. In the case of Ministry of Defence, their difficulties in either releasing or acquiring the requisitioned properties which include land are mainly due to strategic reasons and lack of funds for acquiring the land. Now a phased programme for acquiring these properties within a period of three to five years is under contemplation of that Ministry. Similarly, in the case of Ministry of Works and Housing the need to continue the properties under requisition beyond the aforesaid date stems from the utter inadequacy of office accommodation for various Ministries/Departments. It was therefore decided to extend the maximum period for which properties could be retained under requisition by a period of five years.
2. The amendment made in the parent Act in 1975 provided for revision of recurring part of compensation in respect of properties which were under requisition for a period of five years or more preceding the commencement of the aforesaid amendment. In order to avoid hardship to the owners whose properties are under requisition it was considered necessary to provide for one more revision of the above referred to part of the compensation. 3. In the circumstances stated above, the Act was amended through the Requisitioning and Acquisition of Immovable Property (Amendment) Ordinance, 1980
(I of 1980), so as to extend the period for which the properties could be retained under requisition by five years and to provide for one more revision of the recurring part of compensation. 4. This Bill seeks to replace the aforesaid Ordinance with a minor modification seeking to substitute sub-section (3) of section 22of the Act by the provision recommended by the Committee on Subordinate Legislation in relation to the laying of rules before Parliament. -Gaz. of Ind., 13-3-80, Pt. II, section 3, Ext" p. 273. X Act 20 of 1985.- According to the provisions of the Requisitioning and Acquisition of Immovable Property Act. 1952, as these existed immediately before the amendment of the Act by Ordinance No. 2 of 1985, all the properties, which were requisitioned prior to the amendment of the aforesaid Act in 1970, were required to be released from requisition or acquired by the 10th March, 1985, However, it was found that some of the properties requisitioned under the above Act arc required to be retained by the Ministry of Defence, Ministry of Works and Housing and also some other Ministry\Departments and Delhi Administration for public purposes. Although Government is expeditiously implementing the policy of acquiring or releasing from requisition the requisitioned properties, a number of them are expected to be needed by the Government even after the 10th March, 1985, for public purposes. The Ministry of Defence is taking action for either releasing or acquiring the requisilioned properties (including land). Similarly, in the case of Ministry of Works and Housing the need to continue the properties under requisition beyond the aforesaid date is due to shortage of office accommodation for various Ministry/Departments and also due to a few cases being under adjudication by courts of law. The Ministry of Works and Housing has constructed a new office building in Calcutta for the Government offices located in requisitioned properties and, therefore, most of the requisitioned properties in Calcutta are expected to be released from requisition shortly. An office building is nearing completion in New Bombay also and the same is likely to be allotted as alternative accommodation to the eligible offices located in requisitioned properties. It was therefore, decided to extend the maximum period for which properties could be retained under requisition by a period of two years. 2. The amendments made in the parent Act in 1975 and 1980 provided for revision of recurring part of compensation in respect of properties which were under requisition prior to the 7th March, 1975 or requisitioned thereafter. The existing provision in the Act for revision of recurring part of compensation in respect of properties requisitioned on or before the 6th March, 1975 would take care of the period of retention of such properties proposed lo be extended now. However, in respect of properties requisitioned after the 6th March, 1975, it is necessary to provide for one more revision of the above referred to part of the compensation. 3. In the circumstances stated above, the Act was amended through the Requisitioning and Acquisition of Immovable Property (Amendment) Ordinance, 1985 (2 of 1985) so as to extend the period for which the properties could be retained under requisition by two years and to provide for revision of the recurring part of the compensation. 4. The Bill seeks to replace the aforesaid Ordinance.-Gaz.of lnd., 19-3-
85,Pt.II,section2,Ext"p.3(No. II).
An Act to provide for the requisitioning and acquisition of immovable property for the purposes of the Union. BE it enacted by Parliament as follows:-
SECTION 01: 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.
2[(3) * * * * * *]
SECTION 02: 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 requisitioniing 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 03: 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 tide 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 subsection
(1), the competent authority shall provide such tenant with alternative accommodation which, in its opinion, is suitable.
SECTION 04: POWER TO TAKE POSSESSION OF REQUISITIONED PROPERTY
(1) Where any property has been requisitioned under section 3-, the competent authority may by notice in writing, order the owner as well 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 05: 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 landlrod 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 06: 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.
3(1-A) Notwithstanding 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 of5[seventeen years] from such commencement;
(b) any property requisitioned under this Act after such commencement, on or before the expiry of a period of5[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 of5[seventeen years] aforesaid.]
(2) Where any property is to be released from requisition,4[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 sub-section (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
86540
103860
630
114
59824