The Requisitioning and Acquisition of Immovable Property Act, 1952

THE REQUISITIONING AND ACQUISITION OF IMMOVABLE PROPERTY ACT, 1952

This Act provides for the requisitioning and acquisition of immovable property for public purposes. It extends to the whole of India except Jammu and Kashmir.

KEY PROVISIONS

1. Short title, extent, and duration: The Act may be called the Requisitioning and Acquisition of Immovable Property Act, 1952.


2. Definitions:


3. Award: any award of an arbitrator made under section 8


4. Competent authority: authorized by the Central Government to perform functions under this Act


5. Landlord: person receiving rent or entitled to receive rent for premises


6. 
   

   Person interested: person claiming or entitled to claim interest in compensation payable under this Act

   
   


7. 
   

   Power to requisition immovable property:

   
   


8. The competent authority may requisition property if it is deemed necessary or likely to be needed for public purpose.


9. 
   

   A notice is served on the owner or occupant of the property, specifying the purpose of the requisition.

   
   


10. 
    

    Rights over requisitioned property:

    
    


11. All requisitioned property shall be used for purposes mentioned in the notice of requisition.


12. 
    

    Landlord may execute repairs necessary to the premises within a reasonable time.

    
    


13. 
    

    Release from requisitioning:

    
    


14. 
    

    The Central Government may release from requisition any property at any time, subject to certain conditions.

    
    


15. 
    

    Power to acquire requisitioned property:

    
    


16. The Central Government may acquire property under section 7 if it is deemed necessary for public purpose.


17. The amount of compensation shall be determined in accordance with the principles set out in section 8.

COMPLIANCE WITH THE ACT

1. Payment of compensation: The amount of compensation payable under an award shall be paid by the competent authority to the person or persons entitled thereto.


2. Appeals from orders of requisitioning: Any person aggrieved by an order of requisition may prefer an appeal to the Central Government within 21 days.


3. Appeals from awards in respect of compensation: Any person aggrieved by an award may prefer an appeal to the High Court within 30 days.

PROTECTIONS AND EXEMPTIONS

1. Protection of action taken in good faith: No suit, prosecution or other legal proceeding shall lie against any person for anything done in good faith under this Act.


2. Bar of jurisdiction of civil courts: Save as otherwise expressly provided, no civil court shall have jurisdiction in respect of matters determined by the competent authority or arbitrator.

EXTENSION TO DIFFERENT JURISDICTIONS

1. Dadra and Nagar Haveli: Reg. 6 of 1963, s. 2 and Sch. I


2. Goa, Daman and Diu: Notification No. G.S.R. 388, dated 15th March 1967


3. Sikkim: Notification No. S.O. 4514, dated 27th November 1976

AMENDMENTS AND REPEALS

1. The Act has been amended in Goa, Daman and Diu by the Goa, Daman and Diu Act 6 of 1977.


2. Sub-section (3) omitted by Act 1 of 1970, s. 2 (w.e.f. 11-3-1970).


3. The Act has been extended to the Union territory of Jammu and Kashmir and Ladakh by Notification No. S.O. 3912(E), dated 30th October 2019.