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Report No. 10

40. Power to requisition land.-

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

(a) shall call upon the owner or any other person who may be in possession of the land 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 or him, why the land should not be requisitioned; and

(b) may, by order, direct that neither the owner of the land nor any other person shall, without; permission of the competent authority, dispose of, or structurally alter, the land 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 land or in possession, thereof, and after giving an opportunity of being heard either in person or by pleader, the competent authority is satisfied that it is necessary or expedient so to do, it may, by order in writing, requisition the land and may make such further orders as appear to it to be necessary or expedient in connection with the requisitioning:

Provided that no land or part thereof-

(a) which is bona fide used by the owner thereof or a beneficiary under a private trust 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, or,

(c) which is in the occupation of a tenant who has actually resided there for a continuous period of six mouths or more before the date of the notice under sub-section (1), shall be requisitioned:

Provided further that where the requisitioned land 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 3, R.A.]

Law of Acquisition and Requisitioning of Land Back

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