The Requisitioning and Acquisition of Immovable Property Act, 1952

(1) This Act may be called the Requisitioning and Acquisitionof Immovable Property Act, 1952. (2) It extends to the whole of India except the State of Jammu and Kashmir*. 1* * * * *

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 thisAct 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, therent of any premises, whether on his own account, or on account or on behalf or for the benefit, ofany other person or as a trustee, guardian or receiver for any other person, or who would so receivethe 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 oracquisition 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 abuilding; (ii) any fittings affixed to such building or part of a building for the more beneficialenjoyment 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 suchproperty; (h) "tenant" means any person by whom or on whose account rent is payable for any premisesand includes such sub-tenants and other persons as have derived title under the tenant under any lawfor the time being in force.

(1) Where the competent authority is of opinion thatany property is needed or likely to be needed for any public purpose, being a purpose of the Union, andthat 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 bynotice in writing (specifying therein the purpose of the requisition) to show cause, within fifteen daysof 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, withoutpermission of the competent authority, dispose of, or structurally alter, the property or let it out to atenant 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 inpossession 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 benecessary 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 themanagement 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 aresidence by a tenant for not less than two months immediately preceding the date of the service of noticeunder sub-section (1), the competent authority shall provide such tenant with alternative accommodationwhich, in its opinion, is suitable.

(1) Where any property has beenrequisitioned under section 3, the competent authority may, by notice in writing, order the owner as wellas any other person who may be in possession of the property to surrender or deliver possession thereof tothe competent authority or any person duly authorised by it in this behalf within thirty days of the serviceof the notice. (2) If any person refuses or fails to comply with an order made under sub-section (1), the competentauthority may take possession of the property and may, for that purpose, use such force as may benecessary.

(1) All property requisitioned under section 3, shall be usedfor 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 thelandlord to execute such repairs as may be necessary and are usually made by landlords in that localityand as may be specified in the notice, within such reasonable time as may be mentioned therein, and if thelandlord fails to execute any repairs in pursuance of such order, the competent authority may cause therepairs 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 thelandlord.