The Requisitioning and Acquisition of Immovable Property Act, 1952

What the Act governs

The Requisitioning and Acquisition of Immovable Property Act, 1952 applies to immovable property of every kind, including rights in or over property. It permits action where property is needed, or is likely to be needed, for a public purpose of the Union.

A competent authority is a person or authority authorised by the Central Government through a notification in the Official Gazette for a specified area. The Act recognises owners, landlords, tenants and anyone claiming an interest in compensation as persons who may be affected.

Requisitioning procedure

The Requisitioning and Acquisition of Immovable Property Act, 1952 requires the competent authority to give the owner or person in possession written notice stating the purpose. That person must be allowed fifteen days from service of the notice to show why the property should not be requisitioned.

Key provisions include:

• The competent authority may temporarily prohibit disposal, structural alteration or letting of the property without permission, for a period not exceeding two months.
• Any objection received must be considered before a written requisition order is made.
• An owner’s genuine family residence cannot be requisitioned.
• Property used exclusively for public religious worship, a school, hospital, public library or orphanage is protected from requisition.
• A residential tenant who occupied the premises for at least two months before the notice must be provided suitable alternative accommodation.
• After requisition, the owner or occupier may be ordered to surrender possession within thirty days. Necessary force may be used following refusal or failure to comply.

Use, release and acquisition

The Requisitioning and Acquisition of Immovable Property Act, 1952 requires requisitioned property to be used for the purpose stated in the notice. A landlord may be directed to carry out customary necessary repairs, with the cost recoverable from compensation if the landlord fails to do so.

The Central Government may release property from requisition and should, as far as possible, restore it in its earlier condition, allowing for reasonable wear, tear and irresistible force. Where the relevant purpose ends, the property must be released unless it is acquired.

The Central Government may permanently acquire property already under requisition for a public purpose. Before publication of an acquisition notice in the Official Gazette, interested persons must receive an opportunity to show cause and be heard. The Act also provides for compensation, payment, appeals and arbitration.