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Report No. 10

Section II-continuance Acts

1. The Madhya Pradesh Requisitioned Land (Continuance of Powers) Act, 1951 (IX of 1951)

In respect of lands requisitioned under the Defence of India Act, 1939 (since expired), the Requisitiohed Land (Continuance of Powers) Ordinance. 1956 and the Requisitioned Land (Continuance of Powers) Act, 1947 provided for the continuance of such powers of requisition. With the expiry of the 1947 Act, the present Act of 1951 was passed to enable to keep the requisitioned land under requisition.

According to section 5, any requisitioned land which continues to be subject to requisition under this Act may be acquired by publication of notice in the Gazette in the following cases:

(a) where any works (buildings, structures etc.) have been constructed on the said land at the expense of the Government and the Government decides to preserve the value and the right to use of such works for Government purposes; or

(b) where the cost of restoring the land to the original condition that existed at the time of requisitioning would be excessive and the owner declines to accept release from requisition with out compensation from Government for which restoration to original condition.

The decision of the Government in respect of (a) and (b) above shall be final and cannot be challenged in a court of law.

Section 6 provides for compensation for continued requisition as well as for acquisition of requisitioned land.

Compensation in respect of the continued subjection of requisitioned land to requisition shall be determined in accordance with section 19 of the Defence of India Act, 1939 and rules made thereunder.

Compensation for acquisition of requisitioned land would be

(a) a sum sufficient to purchase at the market value prevailing on the date of notice under section 5 a piece of land equal in area to and situated within a distance of three miles from the acquired land, and suitable for the same use as that to which the acquired land was being put immediately before the date of its requisition, or

(b) a sum equivalent to twice the _market value of the acquired land on the date of requisition, whichever is less.

Such amount shall be determined and paid according to the procedure laid down in section 19 of the Defence of India Act, 1939 and rules made thereunder.



Law of Acquisition and Requisitioning of Land Back




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