Requisitioning and Acquisition of Immovable Property (Amendment) Bill, 2017

Amendment aims to make it easier for government to acquire immovable property for “national security and defence purpose”. The Bill amends the Requisitioning and Acquisition of Immovable Property Act, 1952 and changes rules for payment of compensation.
Requisitioning and Acquisition of Immovable Property Act, 1952
  • The Act provides for central government to requisition immovable property or land for any public purpose such as defence, central government offices and residences.
  • Once the purpose for which property was requisitioned is over, Central Government must returned it back to owner in good condition as it was when possession was taken.
  • The central government may acquire such requisitioned property in two cases.
    • Firstly in case central government has constructed any work at such property and right to use such work is with government.
    • Secondly in case cost of restoring requisitioned property to original condition is excessive and owner refuses to accept property without being compensated for restoring property.
Provisions of Bill:
  • The bill seeks to amend a provision to allow Centre to re-issue the notice of acquisition in order to ensure that the property’s owner gets an opportunity to be heard. Through it, government intends to pay fair and just compensation to land owner.
  • In cases where notice has been re-issued, property owner will be entitled to interest on compensation payable to them. The re-issue of notice will not apply to cases where compensation has already been awarded and accepted by the claimants. The bill will have retrospective effect from March 14, 1952, the date of the enactment of the Act.

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