Act Info:
(1) If any premises situate in an area specified by the 1[State] Government by notification in the Official Gazette, are vacant on the date of such notification and wherever any such premises are vacant or become vacant after such date by reason of the landlord, the tenant or the sub-tenant, as the case may be, ceasing to occupy the premises or by reason of the release of the premises from requisition or by reason of the premises being newly erected or re-constructed or for any other reason the landlord of such premises shall give intimation thereof in the prescribed form to an officer authorised in this behalf by the 1[State] Government.
(2) The intimation shall be given 2[by registered post] within one month of the date of the notification in the case of premises which are vacant on such date and in other cases within seven days of the premises becoming vacant or becoming available for occupation.
(3) A landlord shall not, without the permission of the 1[State] Government, let, occupy or permit to be occupied such premises before giving the intimation and for a period of one month from the date on which the intimation is received.
(4) Whether or not an intimation under sub-section (1) is given and notwithstanding anything contained in section 5, the 1[State] Government may by order in writing -
(a) requisition the premises 3[for 4[any public purpose] and may use or deal with the premises for any such purpose] in such manner as may appear to it to be expedient; or
5[(b) * * * :]
Provided that, where an order is to be made under clause (a) 6[requisitioning the] premises in respect of which no intimation is given by the landlord, the 1[State] Government shall make such inquiry as it deems fit and make a declaration in the order that the premises were vacant or had become vacant, on or after the date referred to in sub-section (1) and such declaration shall be conclusive evidence that the premises were vacant or had become vacant.
7[* * * ]
(5) Any landlord who fails to give such intimation within the period specified in sub-section (2) shall, on conviction, be punishable with imprisonment for a term which may extend to three months or with fine or with both and any landlord who lets, occupies or permits to be occupied the premises in contravention of the provisions of sub-section (3), shall, on conviction, be punished with imprisonment for a term which may extend to one year and shall also be punished with fine.
Explanation :- For the purposes of this section -
(a) premises which are in the occupation of the landlord, the tenant or the sub-tenant, as the case may be, shall be deemed to be or become vacant when such landlord ceases to be in occupation or when such tenant or sub-tenant ceases to be in occupation upon termination of his tenancy, eviction, assignment or transfer in any other manner of his interest in the premises or otherwise, notwithstanding any instrument or occupation by any other person prior to the date when such landlord, tenant or sub-tenant so ceases to be in occupation;
(b) premises newly erected or re-constructed shall be deemed to be or become vacant until they are first occupied after such erection or reconstruction.
NOTES
Validity of tenancy.- Although section 6 of the Bombay Land Requisition Act, 1948 penalises the action of the landlord who creates a tenancy without intimating the Government or obtaining permission from Government, it does not render void a tenancy created in contravention of section 6(3). Such a tenancy is valid tenancy and the tenant has an interest in the premises.- Mahomed Hussain v. J. K. Trivedi, AIR 1952 Bom. 453 : 54 Bom. L.R. 659 : ILR 1953 Bom. 1.
Intimation of vacancy is directory not mandatory.- The mode of giving intimation of vacancy prescribed by section 6(2) of the Act is directory and not mandatory.- State v. Morarji Cooverji, ILR 1959 Bom. 990 : 1959 Bom. L.R. 318.
Power to requisition premises.- Government has power to make requisition of vacant premises. Section 6(2) requires the landlord to give notice of the vacancy of the premises within a week of its falling vacant. If such notice is received and the Government requisition the building within a month of receiving the notice, no question about the vacancy of the premises can arise for determination.- Mongibai v. State, 1966 Mah. L.J. 1186.
Constitutionality of the Act.- The Bombay Requisition Act, 1948 deals with property hence the constitutionality of Act having regard to Act 19(1)(g) does not arise for consideration.- M/s. Shah & Co., Bombay v. The State of Maharashtra, AIR 1967 SC 1877 : 1968 Mah. L.J. 395 : 1968 Bom. L.R. 119.
Requisition order.- Under section 6(4)(a) it is necessary that the requisition order should be made for the purpose of the State or for other public purpose and if the order does not do so, it is bad.- State v. Mohanlal Kapur, AIR 1952 Bom. 404 : 53 Bom. L.R. 669.
Requisitioning premises for housing a member of the staff of a foreign Consulate.- Legislative competence of the State Legislature is restricted to passing a Requisition Act only for the purposes of the State. The State Government cannot requisition property for a purpose which is not a purpose of the State.- Ali Gulshan v. State, AIR 1953 Bom. 337 : 55 Bom. L.R. 308.
Requisition of flat.- Government cannot continue requisition for indefinate period.- H. D. Vora v. State of Maharashtra, 1984 (2) Bom. C.R. 239 : 1984 Mah. L.R. 418.
Purpose of requisition.- Land must be used for purpose for which it was requisitioned. If requisition is not for public purpose then landlord can challenge the question of public purpose.- State of Maharashtra v. Ibrahim, 1979 Mah. L.J. 486.
Requisition proceeding.- Any illegality or irregularity would not establish the pre-existing tenancy rights.- Abasaheb Dinkarrao Bhosale v. The Collector, AIR 1984 Guj. 14 : 1983 (2) 24 Guj. L.R. 1009.
Jurisdiction of the Court.- Where premises requisitioned for housing State Government servant were allotted to non-Government servant, the Court has jurisdiction to interfere under Article 226 of the Constitution.- Ratanji A. Dubash v. State of Maharashtra, 1970 Mah. L.J. 626 : 1970 Mah. L.R. 304.
Government passing order of eviction and decided to derequisition, so also, surrender premises to landlord. In such circumstances the State Government could not have become tenant of the landlord. It was held by the High Court that petitioner cannot claim possession under the Maharashtra Rent Control Act, 1999.- Sarvagnya Prataprai Trivedi v. Controller of Accommodation & Anr., 2008 (3) All M.R. (NOC) 54.
__________________
1. This word was substituted for the word "Provincial" by the Adaptation of Laws Order, 1950.
2. These words were substituted for the words "by post" by Bom. 5 of 1952, section 3(1).
3. This portion was substituted for the words "and may use or deal with the premises" by Bom. 39 of 1950, section 3.
4. These words were substituted for the words "the purpose of the State or any other public purpose" by the Bombay Adaptation of Laws (State and Concurrent Subjects) Order, 1956.
5. Clause (b) was deleted by Bom. 5 of 1952, section 3(2).
6. These words were substituted for the words, brackets and letter "or (b) requisitioning or requiring to let" by Bom. 5 of 1952, section 3(2).
7. The second proviso was deleted, ibid.