Requisitioning and Acquisition of Immovable Property (Amendment) Act 2018 : Download /Print

By | August 16, 2018
(Last Updated On: August 16, 2018)

MINISTRY OF LAW AND JUSTICE
(Legislative Department)
New Delhi, the 9th August, 2018/Shravana 18, 1940 (Saka)

The following Act of Parliament received the assent of the President on the 9th August, 2018, and is hereby published for general information:—

THE REQUISITIONING AND ACQUISITION OF IMMOVABLE PROPERTY (AMENDMENT) ACT, 2018

NO. 21 OF 2018

[9th August, 2018.]

An Act further to amend the Requisitioning and Acquisition of Immovable Property Act, 1952.

BE it enacted by Parliament in the Sixty-ninth Year of the Republic of India as follows:—

Short title and commencement

1. (1) This Act may be called the Requisitioning and Acquisition of Immovable Property (Amendment) Act, 2018.
(2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint.

Amendment of section 7.

2. In the Requisitioning and Acquisition of Immovable Property Act, 1952, in section 7, after sub-section (1), the following sub-section shall be inserted and shall be deemed to have been inserted with effect from the 14th March, 1952, namely:—

‘‘(1A) Notwithstanding any judgment or order by a court or any other authority, setting aside a notice under sub-section (1) on the ground that the owner or any other person who may be interested in the property was not given adequate opportunity to show cause or personal hearing, the Central Government may re-issue the notice to the
owner or such other person interested in the property, for the purpose of giving opportunity of being heard:

Provided that where a notice is re-issued, the owner or such other person interested in the property shall be entitled to the same annual rate of interest, prevalent at any relevant time on the domestic fixed deposit offered by the State Bank of India, as defined under clause (g) of section 2 of the State Bank of India Act, 1955, on the compensation payable under this Act, from the date of publication of the first notice, till the final payment of the compensation under this Act:

Provided further that any enhanced compensation with or without interest awarded by the court or other authority, before the date of commencement of the Requisitioning and Acquisition of Immovable Property (Amendment) Act, 2018, shall be subject to the re-issuance of a notice under this sub-section and shall be applicable only to the cases of land being acquired for national security and defence purpose:

Provided also that in the cases, where the final award under this Act has been made and compensation thereof has been accepted by the owner or such other person interested in the property, before the commencement of the Requisitioning and Acquisition of the Immovable Property (Amendment) Act, 2018, shall not be reopened.’’.

DR. G. NARAYANA RAJU,
Secretary to the Govt. of India.

 

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