Section 3 of The Requisitioning and Acquisition of Immovable Property Act, 1952
Power to requisition immovable property.
- (1)Where the competent authority is of opinion that any property is needed or likely to be needed for any public purpose, being a purpose of the Union, and that the property should be requisitioned, the competent authority--
- (a)shall call upon the owner or any other person who may be in possession of the property by notice in writing (specifying therein the purpose of the requisition) to show cause, within fifteen days of the date of the service of such notice on him, why the property should not be requisitioned; and
- (b)may, by order, direct that neither the owner of the property nor any other person shall, without permission of the competent authority, dispose of, or structurally alter, the property or let it out to a tenant until the expiry of such period, not exceeding two months, as may be specified in the order.
- (2)If, after considering the cause, if any, shown by any person interested in the property or in possession thereof, the competent authority is satisfied that it is necessary or expedient so to do, it may, by order in writing, requisition the property and may make such further orders as appear to it to be necessary or expedient in connection with the requisitioning: Provided that no property or part thereof--
- (a)which is bona fide used by the owner thereof as the residence of himself or his family, or
- (b)which is exclusively used either for religious worship by the public or as a school, hospital, public library or an orphanage or for the purpose of accommodation of persons connected with the management of such place of worship or such school, hospital, library or orphanage, shall be requisitioned: Provided further that where the requisitioned property consists of premises which are being used as a residence by a tenant for not less than two months immediately preceding the date of the service of notice under sub-section (1), the competent authority shall provide such tenant with alternative accommodation which, in its opinion, is suitable.
Summary
- The competent authority can requisition (temporarily take) immovable property for a public purpose of the Union of India.
- The authority must serve a written notice to the owner or occupier, giving them fifteen days to show cause (explain) why the property should not be requisitioned.
- The authority can issue a temporary order banning the owner from selling, renting, or altering the property for up to two months.
- The government is strictly prohibited from requisitioning any property used in good faith (bona fide) by the owner as a personal or family home.
- The government is prohibited from requisitioning properties used exclusively for public worship, schools, hospitals, libraries, orphanages, or associated staff housing.
- If the property is a tenant's home of at least two months, the government must provide the tenant with suitable alternative housing.
Practical examples
FAQ
1. How many days does a property owner have to reply to a requisition notice?
The owner or person in possession has fifteen days from the day the notice is served to show cause why the property should not be requisitioned.
2. What public institutions are protected from being requisitioned under Section 3?
Properties used exclusively for public religious worship, schools, hospitals, public libraries, orphanages, or housing for their management staff cannot be requisitioned.
3. Can the owner make changes to the property after receiving a notice under Section 3?
The competent authority can issue an order banning the owner from selling, altering, or renting out the property for a specified period of up to two months.
Test yourself
1.Under Section 3 of The Requisitioning and Acquisition of Immovable Property Act, 1952, how many days does an owner or occupier have to reply to a written notice to show cause?
2.Under Section 3 of The Requisitioning and Acquisition of Immovable Property Act, 1952, for what maximum period can the competent authority order that a property cannot be sold or structurally altered during inquiry?
3.Under Section 3 of The Requisitioning and Acquisition of Immovable Property Act, 1952, which of the following properties is protected by law from being requisitioned?
4.Under Section 3 of The Requisitioning and Acquisition of Immovable Property Act, 1952, what must the competent authority do if they requisition a home that has been lived in by a tenant?
5.Under Section 3 of The Requisitioning and Acquisition of Immovable Property Act, 1952, which of the following public purposes would justify the requisition of a property?