Report No. 10

Part II

Summary

Section I-Principal Acts

1. Andhra Requisitioning of Buildings Act, 1954, (XI of 1954)

Section 4 enables the competent authority to requisition any building for a public purpose. Among other things, it provides that where a building which is to be requisitioned is in the occupation of a tenant or licensee, he shall be paid compensation equal to the amount of rent payable by him for the building for a period of 4 months plus reasonable expenses incurred on account of vacating the building and reoccupying another, or in lieu of such compensation 2 months notice to vacate the building. However, the liability to pay compensation or give notice would not arise if the competent authority allots to the tenant or licencee another building for his occupation.

Section 5 provides for a show cause notice with 15 days time limit before a requisition order can be made by the competent authority.

Section 7 (a) provides that in no case can the period of requisition exceed 5 years.

Section 9 provides for the fixation of fair rent for the requisitioned building, if no agreement can be reached between the landlord and the competent authority regarding the rent payable. The landlord or the competent authority or the licencee may apply to the court of District Munsif having jurisdiction for fixing the fair rent for the period of requisition. The fair rent shall be assessed in the following manner. It would consist of the rent payable for the use and occupation of the building if taken on lease, amount necessary to compensate the landlord for (a) the pecuniary loss, (b) expenses due to vacating and reoccupying, and (c) damages caused to the building during the period of requisition, including the expenses that may be necessary to restore the building to the condition in which it was at the time of requisition. Sub-section (3) provides for an appeal to the sub-court or to the district court within a period of 15 days against the order passed by the District Munsifs court fixing the fair rent. The decision on such appeal shall be final and shall not be liable to review or revision.

Section 11 provides for appeals from orders or requisition. Persons aggrieved by order of requisition may, within 15 days, prefer an appeal to the State Government and the order of the State Government on such appeal shall be final.