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Report No. 10

137. Section 14.-

Section 14 has bean retained and a new proviso has been added subjecting the power of entry and inspection to the condition that it cannot be exercised without a minimum notice of at least 24 hours except with the consent of the occupier and that it cannot be exercised after sunset and before sun-rise.

138. At present all the Requisitioning Acts (Central as well as States) are merely temporary enactments to be in force for certain specified periods. In view of the temporary nature of the legislation, it has not been deemed necessary to limit the period for which a property can remain under requisition. But as we are recommending the enactment of a law which can remain in force for an indefinite period, we think, it is reasonable to provide that a property cannot be kept under requisition for an indefinite length of time. We have, therefore, recommended1 that no order of requisitioning shall continue in force for a period of more than 5 years, unless proceedings for acquisition of the same are commenced before the expiry of the said five years.

This provision, in our view, will have the advantage of enabling the Governments to resort to requisition under the provisions of this Act whenever necessary and at the same time safeguard the rights of the citizen by providing that the requisitioning will not continue for a longer period of time than five years, during which period the Government should be in a position to decide whether the land should be released or acquired. We have also recommended that no further order of requisition shall be made in respect of the same property.

1. Section 48, App I.

Law of Acquisition and Requisitioning of Land Back

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