Vidhi Codex

section 9

Release from requisition

The Bombay Land Requisition Act, 1948
General194833 sections
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Statutory text
  1. (1) The State Government may, at any time, release from requisition any land requisitioned or continue to be subject to requisition under this Act. (1A) Notwithstanding anything contained in sub-section (1), the State Government shall release from requisition,—
    • (a) any land requisitioned or continued to be subject to requisition under this Act before the commencement of the Bombay Land Requisition (Amendment) Act, 1973, on or before the expiry of a period of ten years from such commencement;
    • (b) any land requisitioned under this Act after such commencement, on or before the expiry of a period of ten years from the date on which possession of such land was surrendered or delivered to, or taken by, the State Government or any officer authorised or empowered by the State Government. (2)
    • (a) Upon such release under sub-section
  2. (1) or sub-section (1A), the land shall be restored as far as possible in the same condition in which it was on the date on which the State Government was put in possession thereof, and the State Government shall pay compensation for deterioration, if any, caused to the land otherwise than by reasonable wear and tear or irresistible force : Provided that nothing in this sub-section shall apply to any structures, trees or crops standing on the land on the date on which the State Government took possession thereof and in respect of which compensation has been paid.
    • (b) The officer authorised in this behalf by the State Government shall determine such amount of compensation as he deems just and his decision, subject to an appeal to the State Government, shall be final. Such appeal shall be made within a period of thirty days from the date of the decision.
  3. (3) When any land is to be released from requisition, the State Government may, after making such inquiry, if any, as it deems fit, specify by order in writing the person to whom possession of the land shall be given.
  4. (4) The delivery of possession of the land to the person specified in an order made under sub-section
  5. (3) shall be a full discharge of the State Government from all liability in respect of such delivery but shall not prejudice any rights in respect of the land which any other person may be entitled by due process of law to enforce against the person to whom possession of the land is so delivered.
  6. (5) Where the person to whom possession of any requisitioned land is to be given cannot be found and has no agent or other person empowered to accept delivery on his behalf, the State Government shall cause a notice declaring that the land is released from requisition to be affixed on some conspicuous part of the land and shall publish the notice in the Official Gazette.
  7. (6) When a notice referred to in sub-section
  8. (5) is published in the Official Gazette, the land specified in such notice shall cease to be subject to requisition on and from the date of such publication and be deemed to have been delivered to the person entitled to possession thereof; and the State Government shall not be liable for any compensation or other claim in respect of the land for any period after the said date.
  9. (7) For the purpose of releasing any land from requisition, the State Government may, by order, direct the person to whom the State Government had given possession of such land and other person, if any, in occupation of such land to deliver possession thereof to the officer authorised in this behalf by the State Government.

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