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Report No. 10

12. The Rajasthan Requisitioning of Land (Improvement of Agriculture) Act, 1951 (XXIX of 1951)

It provides for the requisitioning of land for certain public purposes.

On the application by the competent-authority that land is needed or likely to be needed for public purpose under section 3, the Government shall hold an enquiry under section 4 and, if satisfied may by order in writing requisition such land.

Section 6 provides for the payment of compensation which shall be determined by an officer authorized in this behalf by the Government

In determining the same, the Officer shall be guided by the provisions contained in the Schedule which are to the following effect:

(1) Matters to be taken into consideration in fixing the amount of compensation are the same as those mentioned in section 23 of the Land Acquisition Act. However, the provision for the 15 per cent solatium provided in the 1894 Act is deleted.

(2) For the purposes of market value specified in para 1 above, the following is laid down:

(a) market value shall be according to the use to which the land was being put at the date with reference to which the market value is to be determined; however, the element of potential value, if any, contained in the price actually paid for similar use transferred for any more lucrative use shall not be admitted;

(b) If, before the said date, the owner had taken active steps and incurred expenditure to secure a more profitable use of the same, compensation based on his actual loss may be paid to him;

(c) market value which is high due to a use which is unlawful or contrary to public policy shall be disregarded in the assessment;

(d) any increase in market value due to improvement made within two years before the said date shall be disregarded if it was not done in good faith;

(e) increase or decrease in market value due to the land falling within or near to the alignment of a projected public street shall be disregarded;

(f) the high market value caused by the building being so overcrowded as to be dangerous to the health of inmates shall be disregarded and only such value which the building would be worth if occupied by such number of persons as the building would safely accommodate would be taken into consideration;

(g) for the purpose of determination of market value, the rent of the land or building shall not be deemed to be greater than the rent shown in the latest return made to the Government or local authority, provided due consideration will be given to any improvements effected after such latest return.

(3) As regards matters that shall not be taken into consideration in determining the amount of compensation for the requisitioned land, the provisions are the same as those in Section 24 or the Land Acquisition Act of 1894.

(4) Besides the above, in the determination of compensation the following provisions shall also be taken into account-

(i) any interest, in land requisitioned, acquired after the date of the order under section 4 shall not entitle to any separate estimate of the value of such interest so as to increase the quantum of compensation;

(ii) if any building is in a defective state from sanitary point of view or otherwise, the compensation for the same shall net exceed the value of the building after restoration to good condition minus the cost of restoring the same to such good, condition;

(iii) if a building used or likely to be used for human habitation is not reasonably capable of being made fit for human habitation, compensation shall not exceed the value of material of the building minus the cost of demolishing the building.

Under sub-clause (4) of section 6, an appeal shall lie against the decision of the officer regarding compensation as determined above to the District Judge within whose jurisdiction the requisitioned land lies and such appeal shall be made within a period of 60 days,

Section 8 provides for the payment of compensation for damage, if any, caused to the land otherwise than by reasonable use thereof or by irresistible force-such compensation to be determined by the officer mentioned above, subject to an appeal to the Government within a period of 30 days and it shall be final.



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