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Report No. 10

10. Pepsu Requisitioning of Immovable Property Act, 2006 BK (1 of 2006)

Section 3 provides that the Government may requisition any immovable property, if in its opinion it is necessary or expedient to do so. Property used for religious worship and property situated in a cantonment within the meaning of any law relating thereto shall not be requisitioned.

Section 4 provides for the acquisition of the requisitioned property by the Government by means of a notice published in the Official Gazette to that effect.

Section 6 provides for the principles of compensation. Where immovable property is requisitioned or acquired compensation shall be paid as follows:

Compensation shall be the amount fixed by agreement or in the absence of agreement the Government shall appoint as arbitrator a person qualified under Article 217 (2) of the Constitution for appointment as a Judge of the High Court. The Government as well as the person to be compensated may nominate assessors to assist the arbitrator before whom the parties would state what in their opinion would be fair amount of compensation. The arbitrator in making the award shall have regard to the provisions of the law relating to the acquisition of land in force for the time being, in the State so far as it can be made applicable. It is also provided that an appeal shall lie to the High Court against an award of the arbitrator except where the amount does not exceed the amount prescribed by the Government. Nothing in any law relating to arbitration shall apply to this case.



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