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Bombay 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.....

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Requisitioning 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.....

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Bombay 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.....

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Requisitioning and Acquisition of Immc Vable Property Act, 1952 Section 7

Title: Power to Acquire Requisitioned Property

State: Central

Year: 1952

.....at the expense of the Central Government and the Government decides that the value of, or the right to use, such works should be secured or preserved for the purposes of Government; or (b) where the cost of restoring the property to its condition at the time of its requisition would, in the determination of the Central Government, be excessive and the owner declines to accept release from requisition of the property without payment of compensation for so restoring the property. (4) Any decision or denomination of the Central Government under sub-section (3) shall be final and shall not be called in question in any Court. (5) For the purposes of clause (a) of sub-section (3) "works" includes buildings, structures and improvements of every description.

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Requisitioning 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).

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Bombay 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.....

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Limitation Act, 1963 (36 of 1963) Section 12

Title: Exclusion of Time in Legal Proceedings

State: Central

Year: 1963

.....or reviewed, or where an application is made for leave to appeal from a decree or order, the time requisite for obtaining a copy of the judgment1[***] shall also be excluded. (4) In computing the period of limitation for an application to set aside an award, the time requisite for obtaining a copy of the award shall be excluded. Explanation.--In computing under this section the time requisite for obtaining a copy of a decree or an order, any time taken by the court to prepare the decree or order before an application for a copy thereof is made shall not be excluded. ______________________ 1. The words "on which the decree or order is founded" omitted by Act 46 of 1999.

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Requisitioning and Acquisition of Immc Vable Property Act, 1952 Section 23

Title: Validation of Certain Requisitions and Acquisitions

State: Central

Year: 1952

.....for any period of requisition after that date. (2) Every acquisition of immovable property purporting to have been made before the commence­ment of this Act by a State Government for any public purpose, being a purpose of the Union, under any enactment for the time being in force in that State and which, immediately before such commencement, was used or occupied by the Central Government or by an officer or authority subordinate to that Gov­ernment shall, notwithstanding any defect in, or invalidity of, the enactment or order under which the acquisition was made, be deemed for all purposes to have been validly made as if the provisions of the said enactment or order had been included and enacted in this section and this section had been in force on and from the date of the acquisition.

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Bombay Land Requisition Act, 1948, (Maharashtra) Section 9A

Title: Notice to Owner of Land or Premises Requisitioned or to Be Requisitioned to Submit Application for Compensation

State: Maharashtra

Year: 1948

1[The State Government shall, at the time of requisitioning or thereafter, by notice in writing published or served, as the case may be, in the manner provided in section 13 for the publication or service of the orders therein mentioned, require the owner of the landlord of the premises requisitioned, or to be requisitioned, to submit within the time specified in section 9B, his claim for compensation in respect of such land or premises.] __________________ 1. Sections 9-A, 9-B and 9-C were inserted by Bom. 52 of 1955, section 3.

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Bombay 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. .....

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