Section 26 of The Requisitioning and Acquisition of Immovable Property Act, 1952
Special provision as to certain requisitions under Act 42 of 1971.
1[26. Special provision as to certain requisitions under Act 42 of 1971.--(1) Notwithstanding anything contained in this Act, any immovable property requisitioned or purported to have been requisitioned by the Central Government or by any officer or authority to whom powers in this behalf have been delegated by that Government, under the Defence of India Act, 1971 (42 of 1971), and the rules made thereunder (including any immovable property deemed to have been requisitioned under the said Act), which has not been released from such requisition before the appointed day, shall,--
- (i)if such property was requisitioned on or before the 21st day of March, 1977, as from that date, and
- (ii)if such property was requisitioned at any time after such date, as from the date of its requisition, be deemed to have been requisitioned by the competent authority under the provisions of this Act for the purpose for which such property was held immediately before the appointed day and all the provisions of this Act shall apply accordingly: Provided that in determining the compensation payable under this Act in respect of any property so deemed to have been requisitioned under this 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 (42 of 1971), and the rules made thereunder.
- (2)Save as otherwise provided in sub-section (1), the provisions of the Defence of India Act, 1971 (42 of 1971), and the rules made thereunder, 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 (10 of 1897), shall apply upon such cesser of operation as if such cesser were a repeal of an enactment by a Central Act. Explanation.--In this section "appointed day" means the 23rd September, 1977.]
Summary
- Immovable property requisitioned under the Defence of India Act, 1971, that was not released before the appointed day of September 23, 1977, is treated as requisitioned under this Act.
- If the property was requisitioned on or before March 21, 1977, the transition to this Act is effective starting on March 21, 1977.
- If the property was requisitioned after March 21, 1977, the transition to this Act is effective starting from the original date of its requisition.
- Any compensation determined under Section 8 must be reduced by any sums already paid or payable for those same matters under the Defence of India Act, 1971.
- Requisitioning provisions of the Defence of India Act, 1971, stop operating on March 21, 1977, and Section 6 of the General Clauses Act, 1897, applies to this cessation.
Practical examples
FAQ
1. How does Section 26 prevent a property owner from receiving double compensation?
It states that any Section 8 compensation for specific expenses or damages must be reduced by the amount already paid or payable under the 1971 Act.
2. What happens if a property was requisitioned under the 1971 Act after March 21, 1977?
It is deemed requisitioned under this Act starting from its actual date of requisition.
3. How does the cross-referenced Section 6 apply to properties transitioning under Section 26?
Since the property is deemed requisitioned under this Act, Section 6 applies, allowing the government to release it at any time and requiring release once the public purpose ends.
Test yourself
1.Under Section 26 of The Requisitioning and Acquisition of Immovable Property Act, 1952, what is the exact date defined as the appointed day?
2.Under Section 26 of The Requisitioning and Acquisition of Immovable Property Act, 1952, what is the transition date for a property requisitioned under the 1971 Act on or before March 21, 1977?
3.Under Section 26 of The Requisitioning and Acquisition of Immovable Property Act, 1952, how is the transition date determined for properties requisitioned after March 21, 1977?
4.Under Section 26 of The Requisitioning and Acquisition of Immovable Property Act, 1952, what adjustment must be made to compensation determined under Section 8 of this Act?
5.Under Section 26 of The Requisitioning and Acquisition of Immovable Property Act, 1952, on what date do the requisitioning provisions of the Defence of India Act, 1971, cease to operate?
6.Under Section 26 of The Requisitioning and Acquisition of Immovable Property Act, 1952, which cross-referenced section governs the release of transitioned properties, and what does it require when the public purpose for the property ends?