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Report No. 10

2. The West Bengal Requisitioned Land (Continuance of Powers) Act, 1951 (VIII of 1951), as amended by Acts X of 1954 and XXXVI of 1954

This is an Act to provide for the continuance of powers exercisable under the Defence of India Act, 1939 (since expired) in respect of land requisitioned thereunder.

In respect of immovable property subject to requisition effected under rules made under the Defence of India Act, 1939 and other ordinance etc. notwithstanding the expiry of the period of operation of the said Act, all requisitioned land will continue to be subject to requisition.

Section 5 as amended by the 1954 Acts provides as follows:-

(1) If the requisition land is decided to be acquired for public purpose, the State Government may do so by publication of notice in the Official Gazette after giving opportunity to the party to prefer objections to such acquisition and of being heard. This may be done in the following circumstances:-

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

(ii) where the cost of restoring the land to the conditions prevailing at the time of requisition will be excessive and the owner refuses to accept release from requisition without compensation for Such restoration to original condition.

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

Section 6 lays down that in case of continued subjection to requisition, compensation shall be according to section 19 of the Defence of India Act, 1939 and the rules made thereunder.

In case of acquisition of such land, it was provided in 1951 Act as follows:-

The amount of compensation shall be:

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

(ii) a sum equivalent to twice the market value of the land on the date of requisition, whichever amount is less.

This is to be determined according to section 19 of the Defence of India Act, 1939.

The above principles embodied in section 6 of the 1951 Act were substituted by the following provision, contained in Act X of 1954.

The amount of compensation would be-

(1) the price which the requisitioned land would have fetched in the open market, if it had remained in the same condition as it was on the date of requisitioning and had been sold on the date of acquisition, or

(2) twice the price which the requisitioned land would have fetched in the open market, if it had been sold on the date of requisition,

whichever amount is less.



Law of Acquisition and Requisitioning of Land Back




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