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Home Bare Acts Phrase: requisitionBombay Land Requisition Act, 1948, (Maharashtra) Section 9
Title: Release from Requisition
State: Maharashtra
Year: 1948
.....at the same time it is also necessary, purely on humanitarian ground, to give them some time to make their own alternate arrangement. In the facts and circumstances as aforesaid, it was considered expedient to extend the period of requisition under the Act for a further period of three years beyond the 26th December, 1994, so as to enable the State Government to complete the process of de-requisitioning during the extended period of three years. It was, therefore, proposed to suitably amend sub-section (1A) of section 9 of the principal Act extending the total period of requisition from twenty-one years to twenty-four years.- [Mah. Act No. 7 of 1995]. The Bombay Rents, Hotel and Lodging House Rates Control, the Bombay Land Requisition and the Bombay Government Premises (Eviction) (Amendment) Act, 1996 (Mah. XVI of 1997), has been enacted by the Government of Maharashtra with a view to protect the occupants of the requisitioned premises. In view of the Supreme Court Judgment in Grahak Sanstha Manch v. State of Maharashtra, AIR 1994 SC 2319, Government was required to obtain vacant possession of the requisitioned premises and hand over the vacant possession of the.....
View Complete Act List Judgments citing this sectionBombay Land Requisition Act, 1948, (Maharashtra) Section 6
Title: Requisition of Vacant Premises
State: Maharashtra
Year: 1948
.....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. .....
View Complete Act List Judgments citing this sectionRequisitioning and Acquisition of Immc Vable Property Act, 1952 Section 6
Title: Release from Requisitioning
State: Central
Year: 1952
.....of the requisition or to the successors-in-interest of such person. (3) The delivery of possession of the property to the person specified in an order under subsection (2) shall be a full discharge of the Central Government from all liability in respect of the property, but shall not prejudice any rights in respect of the property which any other person may be entitled by due process of law to enforce against the person to whom possession of the property is given. (4) Where any person to whom possession of any requisitioned property is to be given is not found and has no agent or other person empowered to accept delivery on his behalf, the competent authority shall cause a notice declaring that the property is released from requisition to be affixed on some conspicuous part of the property and shall also publish the notice in the Official Gazette. (5) When a notice referred to in sub-section (4) is published in the Official Gazette, the property specified in such notice shall cease to be subject to requisition on and from the date of such publication and shall be deemed to have been delivered to the person entitled to possession thereof and the Central Government shall.....
View Complete Act List Judgments citing this sectionBombay Land Requisition Act, 1948, (Maharashtra) Section 7A
Title: Continuance of Requisition Made Under the Defence of India Act, 1962
State: Maharashtra
Year: 1948
.....determined in accordance with the provisions of the Defence Act (including the rules made thereunder) as if those provisions were for such purpose enacted in this Act and shall continue to apply to such property; and any agreement or award so made shall apply to the payment of compensation for the period of requisitioning under the Defence Act, and also under this Act.] NOTES The Government of India lifted the National Emergency on 10th January, 1968. The Defence of India Act, 1962, had itself provided that all orders passed thereunder would remain valid for the duration of the Emergency and six months thereafter. In this State, the State Government and its subordinate officers had issued requisitioning orders under the Defence of India Act in respect of certain immovable properties for the duration of the Emergency arid four months thereafter. All the requisitioning orders so passed were due to expire after 9th May, 1968. There were about 140 premises so requisitioned. The majority of these premises had been requisitioned for the purposes of the Civil Supplies Department and the remaining for other public purposes. As acute shortage of accommodation required for these.....
View Complete Act List Judgments citing this sectionRequisitioning and Acquisition of Immc Vable Property Act, 1952 Section 26
Title: Special Provision as to Certain Requisitions Under Act 42 of 1971
State: Central
Year: 1952
.....Act the sum or sums, if any, as may be found necessary to compensate the person interested for all or any of the matters specified in clause (b) of sub-section (2) of section 8 shall be reduced by the sum or sums, if any, paid or payable in respect of such matter or matters as compensation in respect of such property under the Defence of India Act, 1971, and the rules made there under. (2) Save as otherwise provided in sub-section (1), the provisions of the Defence of India Act, 1971, and the rules made there under, in so far as those provisions relate to the requisitioning of any such immovable property as is referred to in sub-section (1), shall, as from the 21st March 1977, cease to operate except as respects things done or omitted to be done before such cesser and section 6 of the General Clauses Act, 1897, shall apply upon such cesser of operation as if such cesser were a repeat of an enactment by a Central Act. Explanation.--In this section "appointed day" means the 23rd September, 1977.] _______________________ 1.Inserted by the Requisitioning and Acquisition of Immovable Property (Amendment) Act, 1977 (44 of 1977), Section. 2 (w.r.e.f. 21-3-1977).
View Complete Act List Judgments citing this sectionBombay Land Requisition Act, 1948, (Maharashtra) Section 5
Title: Requisition of Land
State: Maharashtra
Year: 1948
.....Government. There is no statutory requirement that Government should observe the rules of natural justice in holding such an inquiry. Therefore an order made under section 5(1) is an administrative order and no writ of certiorari can lie to correct that order. - Alarkhia Somajee v. Collector of Nasik, ILR 1952 Bom. 79 : AIR 1951 Bom. 131 : 53 Bom. L.R. 369. No distinction between residential and non-residential building.- Section 5(2) does not make any difference between residential and non residential building. If the premises are requisitioned the Government has to follow the procedure laid down in section 5(2) of the Act with regard to holding of an enquiry and making declaration. If the Government fails to observe the procedure then the exercise of power to requisition is not proper and the order of the requisition is bad.- Maneklal Amratlal v. Collector, Ahmedabad, ILR 1954 Bom. 473 : AIR 1954 Bom. 235 : 55 Bom. L. R. 143. Non-use of public purpose.- If the premises are not used for any public purpose Government is under obligation to release the premises from requisition.- Rangubai Pandurang Joshi v. State of Maharashtra, 1969 Mah. L.J. 880 : 1969 Bom. L.R. 624. .....
View Complete Act List Judgments citing this sectionBombay Land Requisition Act, 1948, (Maharashtra) Section 7
Title: Continuance of Requisition
State: Maharashtra
Year: 1948
.....subjection of the land to requisition under sub-section (1) compensation shall be determined and paid in accordance with the provisions of this Act and of the rules made thereunder : Provided that, all agreements and awards made in relation to the land in respect of the payment of compensation for the period before it was continued to be subject to requisition under sub-section (1) shall continue to be in force and shall apply to the payment of compensation for the period of requisition under this Act. NOTES Requisitioned premises occupied for long period.- Government occupied requisitioned premises for more than 30 years. The Court allowed for temporary duration and held that Government can get a reasonable time to keep the requisitioned building in its possession, if it thinks proper to acquire that building. - Jagunnath Ganesh Ram Agarwal v. State of Maharashtra, AIR 1986 Bom. 241 : 1986 Mah. L.R. 256 : 1986 Mah. L.J. 87 : 1986 (1) Bom. C.R. 179. __________________ 1. The word "State" was substituted for the word "Provincial" by the Adaptation of Laws Order, 1950. 2. These words were inserted by Bom. 39 of 1950, section 4. 3. These words were substituted for.....
View Complete Act List Judgments citing this sectionRequisitioning and Acquisition of Immc Vable Property Act, 1952 Complete Act
Title: Requisitioning and Acquisition of Immc Vable Property Act, 1952
State: Central
Year: 1952
.....from awards in respect of compensation Section12 - Competent authority and arbitrator to have certain powers of civil courts Section13 - Power to obtain information Section14 - Power to enter and inspect Section15 - Service of notice and orders Section16 - Easement not to be disturbed Section17 - Delegation of powers Section18 - Protection of action taken in good faith, Section19 - Bar of jurisdiction of civil courts Section20 - Penalty for offences Section21 - Certain persons to be public servants Section22 - Power to make rules Section23 - Validation of certain requisitions and acquisitions Section24 - Repeals and savings Section25 - Special provision as to certain requisitions under Act 51 of 1962 Section26 - Special provision as to certain requisitions under Act 42 of 1971
List Judgments citing this sectionRequisitioning and Acquisition of Immc Vable Property Act, 1952 Section 25
Title: Special Provision as to Certain Requisitions Under Act 51 of 1962
State: Central
Year: 1952
.....VI of the Defence of India Act, 1962, shall, in so far as it is not inconsistent with the provisions of this Act, be deemed to have been done or taken in the exercise of the powers conferred by or under this Act as if this section was in force on the date on which such thing was done or action was taken. (2) Save as otherwise provided in sub-section (1), the provisions of the Defence of India Act, 1962, and the rule made there under, in so far as those provisions relate to the requisitioning of any such immovable property as is referrred to in sub-section (1), shall from the 10th January, 1968, cease to operate except as respects things done or omitted to be done before such cesser and section 6 of the General Clauses Act, 1897, shall apply upon such cesser of operation as if such cesser were a repeal of an enactment by a Central Act.] _______________________ 1. Inserted by the Requisitioning and Acquisition of Immovable Property (Amendment) Act, 1968(31 of 1968), Section. 3 (9-8-1968); Original Section. 25 was repealed by the Repealing and Amending Act, 1960 (58 of 1960), Section. 2 and Sch. 1(26-12-1960).
View Complete Act List Judgments citing this sectionRequisitioned Land (Apportionment of Compensation) Act, 1949 Amending Act 1
Title: Requisition Land (Continuance Ofpowers) Amendment Act, 1951
State: Central
Year: 1949
.....following sub-section shall be substituted, namely:---- "(3) It shall cease to have effect in Part C States on the 1st day of April, 1952, and in Part A States--- (a) as respects the requisitioned lands which, at the commencement of the Requisitioned Land (Continuance of Powers) Amendment Act, 1951, are subject to requisition by or under the authority of the Central Government, on the 1st day of April, 1952, and (b) as respects other requisitioned lands, on the 1st day of April, 1951. except as respects things done or omitted to be done before such cesser of operation of this Act, and section 6 of the General Clauses Act, 1897 (X of 1897) shall apply upon such cesser of operation as if it had then been repealed by a Central Act."
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