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Report No. 10

13. The Rajasthan Premises (Requisition and Eviction) Ordinance, 1949 (XI of 1949), as amended by the Rajasthan Premises (Requisition and Eviction) Ordinance (Amendment) Act, 1952 (XVIII of 1952)

Section 3 lays down that where it appears necessary to the competent authority that any premises is needed or likely to be needed for a public purpose he may make an order requisitioning the same. However, where the landlord is using the premises for his residence, alternative accommodation may be provided. Further, premises used for purposes of religious worship or as school, hospital etc. are exempted from such requisition.

Section 5 of the Ordinance provides that a person aggrieved by an order of requisition may, within seven days from the date of communication of the order, appeal to the authority appointed in this behalf by the Government.

Section 7 of the Ordinance dealing with compensation was substituted by section 3 of the Rajasthan Amendment Act, 18 of 1952 which lays down the following principles:

(a) in case of agreement, compensation shall be the agreed sum;

(b) in the absence of agreement, the Government shall fix a figure which will ensure to the landlord a 5 per cent return on the value of the premises assessed at the actual cost of construction, of the premises with an adjustment to existing levels of construction cost and with due regard to the age and condition of the premises at the time of requisition;

(c) the amount of compensation fixed as in (b) above shall be inclusive of all local rates, taxes, duties etc. imposed on the owner thereof;

(d) if the landlord is dissatisfied with the amount fixed under clause (b), the Government shall, in consultation with the Chief Justice of Rajasthan, appoint as arbitrator, a person (qualified for appointment as District Judge) to decide whether the compensation has been correctly fixed in accordance with the principles laid down in clauses (b), (c) and (d);

(e) in suitable cases Government may nominate a person having expert knowledge to assist the arbitrator, likewise the person to be compensated may also nominate an assessor.

Law of Acquisition and Requisitioning of Land Back

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