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Section 5 of The Requisitioning and Acquisition of Immovable Property Act, 1952

(1)All property requisitioned under section 3, shall be used for such purposes as may be mentioned in the notice of requisition.
(2)Where any premises are requisitioned under section 3, the competent authority may order the landlord to execute such repairs as may be necessary and are usually made by landlords in that locality and as may be specified in the notice, within such reasonable time as may be mentioned therein, and if the landlord fails to execute any repairs in pursuance of such order, the competent authority may cause the repairs specified in the order to be executed at the expense of the landlord and the cost thereof may, without prejudice to any other mode of recovery, be deducted from the compensation payable to the landlord.

Summary

All property requisitioned under Section 3 must only be used for the specific purposes mentioned in the notice of requisition.
The competent authority can order the landlord to execute necessary repairs that are usually made by landlords in that locality.
The repair order issued to the landlord must specify the repairs and mention a reasonable time limit for completing them.
If the landlord fails to make the ordered repairs, the competent authority can have the repairs executed at the landlord's expense.
The cost of repairs done by the government can be deducted from the compensation money payable to the landlord.

Practical examples

1In August 1954, a building was requisitioned under Section 3 to serve as a post office. Under Section 5, the government is legally required to use it only as a post office (or whatever purpose was written in the notice) and cannot turn it into a government employee recreation club.

2In December 1963, the roof of a requisitioned building began to leak. The competent authority ordered the landlord, Mr. Gopal Das, to repair the roof within thirty days. Gopal failed to do it, so the authority hired a contractor to fix the roof for 1,500 rupees and deducted this amount from Gopal's monthly compensation.

FAQ

1. Can the landlord be forced to repair a requisitioned building?

Yes, the competent authority can order the landlord to perform repairs that are necessary and usually made by landlords in that locality.

2. What happens if the landlord refuses or fails to carry out the ordered repairs?

The competent authority can have the repairs done and deduct the costs from the compensation payable to the landlord.

3. How much time does a landlord get to complete ordered repairs?

The repairs must be completed within a reasonable time, which must be specified in the notice issued by the competent authority.

Test yourself

Q1.Under Section 5 of The Requisitioning and Acquisition of Immovable Property Act, 1952, how does the permitted use of the property connect to the Section 3 notice?

Q2.Under Section 5 of The Requisitioning and Acquisition of Immovable Property Act, 1952, what can the competent authority do if a landlord refuses to execute necessary repairs to a building requisitioned under Section 3?

Q3.Under Section 5 of The Requisitioning and Acquisition of Immovable Property Act, 1952, what types of repairs can the competent authority order a landlord to perform?

Q4.Under Section 5 of The Requisitioning and Acquisition of Immovable Property Act, 1952, what must the competent authority specify in a repair order issued to a landlord?

Q5.Under Section 5 of The Requisitioning and Acquisition of Immovable Property Act, 1952, how can the government recover the cost of repairs if they are forced to do them because of the landlord's failure?

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