Power to take possession of requisitioned property

(1) Where any property has been requisitioned under section 3, the competent authority may, by notice in writing, order the owner as well as any other person who may be in possession of the property to surrender or deliver possession thereof to the competent authority or any person duly authorised by it in this behalf within thirty days of the service of the notice. (2) If any person refuses or fails to comply with an order made under sub-section (1), the competent authority may take possession of the property and may, for that purpose, use such force as may be necessary. (3) On taking possession of any property under this section, the com- petent authority shall, in the absence of an agreement as to the amount of compensation under clause (a) of sub-section (1) of section 9 and without prejudice to other provisions of this Act, tender every month payment of eighty percentum of the rental as estimated by him, provisional compensation for such property, to the owners or persons entitled thereto. (4) The amount paid or tendered under sub-section (3) shall be taken into account for determining the amount of compensation required to be paid under section 9 and where the compensation so paid exceeds the compensation determined under section 9, the excess, unless refunded within three months from the date of award, shall be recoverable by deduction from the rental payable thereafter.

1. (2) If any person refuses or fails to comply with an order made under sub-section (1), the competent authority may take possession of the property and may, for that purpose, use such force as may be necessary.
2. (3) On taking possession of any property under this section, the com- petent authority shall, in the absence of an agreement as to the amount of compensation under clause (a) of sub-section (1) of section 9 and without prejudice to other provisions of this Act, tender every month payment of eighty percentum of the rental as estimated by him, provisional compensation for such property, to the owners or persons entitled thereto.
3. (4) The amount paid or tendered under sub-section (3) shall be taken into account for determining the amount of compensation required to be paid under section 9 and where the compensation so paid exceeds the compensation determined under section 9, the excess, unless refunded within three months from the date of award, shall be recoverable by deduction from the rental payable thereafter.