| Contents |
| Title |
Law of Acquisition and Requisitioning of Land |
| 1. |
Introduction |
| 2. |
History of the Legislation in India (a) Acquisition |
|
Existing Law |
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(b) Requisition |
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(c) Other Laws |
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Need for consolidation |
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Legislative power under the Constitution |
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Constitutional limitations on the exercise of the power |
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Scheme for revision and consolidation |
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Acquisition |
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Requisitioning |
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Important aspects discussed |
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(a) Public purpose |
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(b) Principles for determining compensation |
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'Solatium' |
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Examination of the provisions of the existing Acts, indicating the changes proposed |
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Land Acquisition Act, 1894 |
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Section 2 |
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Section 3 |
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Section 4 |
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Section 5 |
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Section 5A |
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Section 6 |
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Section 7 |
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Section 8 |
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Section 9 |
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Section 10 |
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Sections 11-13 |
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Section 14 |
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Section 15 |
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Section 16 |
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Section 17 |
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Section 18 |
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Section 19 |
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Section 20 |
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Section 21 |
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Section 22 |
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Section 23 |
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Section 24 |
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Section 25 |
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Section 26-27 |
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Section 28 |
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Section 29 |
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Section 30 |
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Section 31 |
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Section 32 |
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Section 33 |
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Section 34 |
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Sections 35-37 |
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Section 38 |
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Section 39 |
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Section 40 |
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Sections 41-43 |
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Section 44 |
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Section 45 |
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Section 46 |
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Section 47 |
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Section 48 |
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Section 49 |
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Section 50 |
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Section 51 |
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Section 52 |
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Section 53 |
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Section 54 |
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Requisitioning and Acquisition of Immovable Property Act, 1952 |
|
Requisitioning |
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Section 1 |
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Section 2 |
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Sections 3-6 |
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Section 7 |
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Section 8 |
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Sections 9 and 11 |
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Section 10 |
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Section 12 |
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Section 13 |
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Section 14 |
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Section 15 |
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Section 16 |
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Section 17 |
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Section 18 |
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Section 19 |
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Section 20 |
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Section 21 |
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Section 22 |
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Sections 23-25 |
| Appendix I |
Proposals as Inserted in The Body of The Existing Act |
|
Proposals as Inserted in The Body of The Existing Act |
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The Acquisition and Requisitioning of Land Act, 19 |
| Part I |
Preliminary |
| 1. |
Short title, extent and commencement |
| 2. |
Definitions |
| 3. |
Entitled to act |
| Part II |
Acquisition |
| Chapter I |
Preliminary Investigation and Declaration |
| 4. |
Publication of preliminary notification and powers of officers thereupo |
| 5. |
Payment for damage |
| 6. |
Hearing of objections |
| 7. |
Decision on objections |
| 8. |
Declaration that land is required for a public purpos |
| Chapter II |
Taking Possession, and other Proceedings by Collector |
| 9. |
Vesting of land |
| 10. |
Notice to persons interested |
| 11. |
Power to require and enforce the making of statements as to names and interests |
| 12 |
Proceedings by Collector |
| 13 |
Payment of compensation or deposit of sum in court |
| 14. |
Interest on amount fixed by Collector |
| 15. |
Payment in case of agreement |
| 16. |
Interest in cases where possession not taken within specified time |
| 17. |
Compensation in kind |
| 18. |
Completion of proceedings |
| 19. |
When notification under section 4 deemed to be cancelled |
| 20. |
Collector's statement to the courte |
| Chapter III |
Principles for The Determination of Compensation |
| 21. |
Matters to be considered in determining compensation |
| 22. |
Matters to be neglected in determining compensation |
| Chapter IV |
Principles for The Determination of Compensation |
| 23. |
Investment of money deposited in respect of amounts belonging to persons in-competent to alienate |
| 24. |
Investment of money deposited in other cases |
| Chapter V |
Acquisition of Land for Companies and other Persons and Authorities |
| 25. |
Previous consent of appropriate Government and execution of agreement necessary |
| 26. |
Previous enquiry |
| 27. |
Agreement with appropriate Government |
| 28. |
Publication of agreement |
| 29. |
Certain sections not to apply where Government bound by agreement to provide land for companies |
| 30. |
Acquisition of land for other persons or authorities |
| Chapter VI |
RTaking Possession with Consent or in urgent Cases |
| 31. |
Taking possession with consent |
| 32. |
Special powers in cases of urgency |
| 33. |
Special provisions regarding land taken possession of under this chapter |
| 34. |
Payment of compensation for crops and trees |
| Chapter VII |
General Provisions Relating to Acquisition |
| 35. |
Waiver of claim for compensation |
| 36. |
Acquisition of land at cost of a local authority or company or other person |
| 37. |
Completion of acquisition not compulsory, but compensation to be awarded when not completed |
| 38. |
Acceptance of money without protest not to bar right |
| Part III |
Requisitioning and Requisitioning Followed by Acquisition |
| 39. |
Applications of Part 111 |
| 40. |
Power to requisition land |
| 41. |
Power to take possession of requisitioned land |
| 42. |
Rights over requisitioned land |
| 43. |
Release from requisitioning |
| 44. |
Easement not to be disturbed |
| 45. |
Principles and methods of determining compensation for requisitioning |
| 46. |
Appeals from orders of requisitioning |
| 47. |
Powers to enter, and inspect, and mark boundaries etc |
| 48. |
Duration of requisition |
| 49. |
Power to acquire requisitioned land |
| 50. |
Provisions applicable to acquisition of requisitioned land |
| Part IV |
Procedure to be Followed by The Court |
| 51. |
Service of notice |
| 52. |
Restriction on amount to be awarded by court |
| 53. |
Interest |
| 54. |
Apportionment of compensation |
| 55. |
Deposit of amount awarded where there is no person competent to alienate |
| 56. |
References about compensation for requisitioning |
| 57. |
Procedure in other references under the Act |
| 58. |
Form of final order |
| 59. |
Execution of final order |
| 60. |
Appeals in proceedings before court |
| 61. |
Determination questions of title |
| 62. |
Proceedings to be in open court |
| 63. |
Code of Civil Procedure to apply to proceedings before court |
| Part V |
Miscellaneous |
| 64. |
The Collector or the competent authority |
| 65. |
Power to obtain information |
| 66. |
Service of notices and orders |
| 67. |
Magistrate to enforce surrender |
| 68. |
Acquisition of part of house or building |
| 69. |
Exemption from stamp duty and fees |
| 70. |
Protection of compensation |
| 71. |
Proof by certified copies |
| 72. |
Protection of action taken in good faith |
| 73. |
Liability of person receiving compensation not affected |
| 74. |
Bar of Jurisdiction of Civil courts |
| 75. |
Certain officers demand to be public servants |
| 76. |
Delegation of powers by government |
| 77. |
Penalty for destroying trenches etc |
| 78. |
Penalty for violation of Act etc, or obstruction in exercise of powers |
| 79. |
Cognizance of offences |
| 80. |
Power to make rules |
| 81. |
Repeal and savings |
| Appendix II |
|
| Table A |
Showing The Provisions In The Existing Acts and The Corresponding Provisions, If Any, Contained In The Proposals In Appendix I |
| Table B |
Showing The Provisions in The Proposals in Appendix I and The Corresponding Provisions, if any, in The Existing Acts |
| Appendix III |
Suggestions in Respect of other Acts |
| Part I |
List of Acts |
|
Part A States |
| Part II |
Brief Summary of The Acts |
|
The Assam Land Acquisition (Dibrugarh) Act, 1953 (XXIII of 1953) |
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The Land Acquisition (Bengal Amendment) Act, 1934 (II of 1934) |
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The Land Acquisition (Bihar Amendment) Act, 1951 (XVII of 1951) as amended by Acts XXI of 1956 and XXXIV of 1956 |
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The Bihar Act (XXXIV of 1956) effects the following changes in the Land Acquisition Act, 1894 |
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The Land Acquisition (Bombay Amendment) Act, 1938 (XVIII of 1938) as amended by Acts XX of 1945, IV of 1948, XXVII of 1950 and XXXV of 1953 |
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C.P. and Berar Land Acquisition (Amendment) Act, 1939 (XXVII of 1939) as amended by Acts VII of 1949 and XXVIII of 1949 |
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The Land Acquisition (Madras Amendment) Act, 1948 (XXI of 1948) as amended by Act XII of 1953 |
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Land Acquisition (East Punjab Amendment) Act, 1948 (XV of 1948) |
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The Land Acquisition (U. P. Amendment) Act, 1954 (XXII of 1954) |
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The Pepsu Land Acquisition Act, 1953 (V of 1953) |
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The Rajasthan Land Acquisition Act, 1953 (XXIV of 1953) |
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The Land Acquisition Act, 1894 (Adaptation and Application Ordinance, 1948 as amended by Saurashtra Act XLIII of 1953) |
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The Resettlement of Displaced Persons (Land Acquisition) Act, 1948 (LX of 1948, as amended by A.L.O. 1950) |
|
The Land Acquisition Act, 1070 (II of 1070) as amended by Acts IV of 1074, I of 1109, I of 1111, XXX of 1112 and Proclamation V of 1112 |
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The Hyderabad Land Acquisition Act, 1309F (IX of 1309F) [1899] as amended by the Hyderabad Land Acquisition (Amendment) Regulation 1358F (LIX of 1358F) |
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The Mysore Land Acquisition Act, 1894 (VII of 1894) as amended by Acts XI of 1916, I of 1927, VII of 1932 and III of 1941 |
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The Land Acquisition Act, 1089 (XI of 1089) as amended by Acts V of 1096, 1 of 1099 |
| Appendix IV |
Other Acts Containing Provisions for Acquisition |
| Part I |
List of Acts |
|
Section I-Central Acts |
|
Section II-State Acts |
| Part II |
Brief Summary of. The Acts |
| 1. |
The Indian Telegraphs Act, 1885 (XIII of 1885) |
| 2. |
The Indian Tramways Act, 1886 (XI of 1886) |
| 3. |
The Indian Railways Act, 1890 (IX of 1890) |
| 4. |
The Indian Works of Defence Act, 1903 (VII of 1903) |
| 5. |
The Indian Electricity Act, 1910 (IX of 1910) |
| 6. |
The Indian Forest Act, 1927 (XVI of 1927) |
| 7. |
The Damodar Valley Corporation Act, 1948 (XIV of 1948) |
| 8. |
The Delhi Road Transport Authority Act, 1950 (XIII of 1950) |
| 9. |
The Road Transport Corporations Act, 1950 (LXIV of 1950) |
| 10. |
Slum Areas (Improvement and Clearance) Act, 1956 (XCVI of 1956) |
| 11. |
The Territorial Councils Act, 1956 (CII of 1956) |
| 12 |
The Coal Bearing Areas (Acquisition and Development) Act, 1957 (XX of 1957) as amended by LI of 1957 |
| 13 |
The Delhi Development Act, 1957 (LXI of 1957) |
|
Section II-State Acts |
| 1. |
The Calcutta Improvement Act, 1911 (5 of 1911) |
| 2. |
The Bengal Municipal Act, 1932 (15 of 1932) |
| 3. |
The Calcutta Municipal Act, 1951 (33 of 1951) |
| 4. |
The Bihar and Orissa Municipal Act, 1922 (7 of 1922) |
| 5. |
The Darbhanga Improvement Act, 1934 (4 of 1934) |
| 6. |
The Bihar Restriction of Uses of Land Act, 1948 (23 of 1948) |
| 7. |
The Bihar Town Planning and Improvement Trust Act, 1951 (35 of 1951) |
| 8. |
The Bombay Provincial Municipal Corporations Act, 1949 (59 of 1949) |
| 9. |
The C.P. and Berar Municipalities Act, 1922 (2 of 1922) |
| 10. |
The Nagpur Improvement Trust Act, 1936 (36 of 1936) |
| 11. |
The Madras City Municipal Act,- 1919 (4 of 1919) |
| 12 |
Madras District Municipalities Act, 1920 (5 of 1920) |
| 13 |
The Madras Town Planning Act, 1920 (7 of 1920) |
| 14. |
The Madras Town Planning Act, 1920 (7 of 1920) |
| 15. |
The Madras City Improvement Trust Act, 1950 (37 of 1950) |
| 16. |
The Madras Lignite (Acquisition of Land), Act, 1953 (11 of 1953) |
| 17. |
The Orissa Municipal Act, 1950 (23 of 1950) |
| 18. |
The Punjab Town Improvement Act, 1922 (4 of 1922) |
| 19. |
The U.P. Town Improvement Act, 1919 (8 of 1919) |
| 20. |
The Kanpur Urban Area (Development) Act, 1945 (6 of 1945) |
| 21. |
The U. P. Roadside Land Control Act, 1945 (10 of 1945) |
| 22. |
The Hyderabad Municipal Corporation Act, 1950 (36 of 1950) |
| 23. |
The Hyderabad City Improvement Act, 1951 (35 of 1951) |
| 24. |
The City of Mysore Improvement Act 1903 (3 of 1903) |
| 25. |
The City of Bangalore Improvement Act, 1945 (5 of 1945) |
| 26. |
The Delhi Restriction of Uses of Land Act, 1941 (12 of 1941) |
| Appendix V |
State Requisitioning and Acquisition Acts |
| Part I |
List of Acts |
|
Section I-Principal Acts |
| Part II |
Summary |
| 1. |
Andhra Requisitioning of Buildings Act, 1954, (XI of 1954) |
| 2. |
The Assam Land (Requisition and Acquisition) Act, 1948, (XXV of 1948) |
| 3. |
The Bihar Premises Requisition (temporary provisions) Act, 1949 (XV of 1950), as amended by Acts, XXII of 1951, IV of 1953 and XXXVI of 1954 |
| 4. |
Bombay Land Requisition Act, 1948 (XXXIII of 1948), as amended by Acts II of 1950, XXXIX of 1950, XL of 1951, V of 1952, V of 1953, XVII of 1955 and LII of 1955 |
| 5. |
The Madhya Bharat Requisitioning of Immovable Property Act, 1954 (XXXV of 1954) |
| 6. |
The Central Provinces and Berar Accommodation (Requisition) Act, 1948 (LXIII of 1948) as amended by Act XXIX of 1951 |
| 7. |
The Madras Requisitioning and Acquisition to Immovable Property Act, 1956 (XLII of 1956) |
| 8. |
The Madras Essential Articles Control and Requisitioning (Temporary Powers) Act, 1949 (XXIX of 1949) re-enacted by VI of 1956 |
| 9. |
The Orissa Requisitioning and Acquisition of Immovable Property Act, 1952 (XXIX of 1952) |
| 10. |
Pepsu Requisitioning of Immovable Property Act, 2006 BK (1 of 2006) |
| 11. |
The Punjab Requisitioning and Acquisition of Immovable Property Act, 1953 (XI of 1953), as amended by Act XXIV of 1954 |
| 12. |
The Rajasthan Requisitioning of Land (Improvement of Agriculture) Act, 1951 (XXIX of 1951) |
| 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) |
| 14. |
The Travancore Cochin Requisitioning and Acquisition of Property Act, 1955 (I of 1956) |
| 15. |
The U.P. (Temporary) Accommodation Requisition Act, 1947 (XXV of 1947), as amended by Acts XIII of 1950, XXII of 1952 and XV of 1954 |
| 16. |
The Vindhya Pradesh Requisitioning and Acquisition of Immovable Property Act, 1953 (IV of 1953) |
| 17. |
The West Bengal Land (Requisition and Acquisition) Act, 1948 (II of 1948), as amended by VII of 1951, VIII of 1954 and XXV of 1956 |
| 18. |
The West Bengal Premises Requisition and Control (Temporary Provisions) Act, 1947 (V of 1947), as amended by Acts IV of 1949, XV of 1950, X of 1953 and VII of 1954 |
| 19. |
The Waste Land (Requisitioning and Utilization) Act, 1952 (IV of 1952), as amended by Act XXIX of 1954 |
|
Section II-continuance Acts |
| 1. |
The Madhya Pradesh Requisitioned Land (Continuance of Powers) Act, 1951 (IX of 1951) |
| 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 |
| Part III |
Tabular Statement |
|
Power to Requisition |
