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Report No. 10

5. The Madhya Bharat Requisitioning of Immovable Property Act, 1954 (XXXV of 1954)

Section 3 provides that where the competent authority is of the opinion that property is needed for public purpose other than the purpose of the Union, it may requisition the property after the usual show cause notice with 15 days time limit to object. Properties bona fide used by the owner as his residence or property exclusively used for religious worship or as school or hospital, library or orphanage etc., have been exempted from requisition. Also, where the requisitioned property consists of premises used as residence by a tenant for at least 2 months preceding the date of notice, the competent authority shall provide alternative accommodation.

Section 7 provides for the principles and the method of determining compensation. Compensation shall be the amount fixed by agreement, or, in the absence of agreement, Government shall appoint as arbitrator a person qualified for appointment as a Judge of a High Court. The Government as well as the person to be compensated may nominate assessors to assist the arbitrator before whom they shall state what in their respective opinion would be fair amount of compensation. The arbitrator shall make his award determining the compensation which in his opinion is just and also apportion where necessary, according to the principles laid down. Nothing in the Arbitration Act of 1940 shall apply to this case.

Compensation payable for requisitioning of any property shall consist of (a) a recurring payment equal to rent payable for the use and occupation of property for that period and (b) the sums necessary to compensate the person interested for (i) pecuniary loss due to requisitioning (ii) expenses for vacating and reoccupying the premises and (iii) damages caused to the property during the period of requisition, including expenses incurred for restoring the property to its original condition.

Section 9 provides for appeals from orders of requisition. Any person aggrieved by the order of the competent authority may, within 21 days, prefer an appeal to the Commissioner of the Division who, after giving an opportunity to be heard, shall decide and such decision, shall be final.

Section 10 provides for appeals from awards in respect of compensation. Any person aggrieved by the award of the arbitrator may, within 30 days, prefer an appeal to the High Court.

Law of Acquisition and Requisitioning of Land Back

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