The Tamil Nadu Requisitioning and Acquisition of Immovable Property Act, 1956 (1957)

What the law governs

The Tamil Nadu Requisitioning and Acquisition of Immovable Property Act, 1956 allows a competent authority authorised by the State Government to requisition immovable property that is needed, or likely to be needed, for a State public purpose. Property includes immovable property of every kind and rights in or over it.

The law affects owners, landlords, tenants, people in possession and anyone entitled to claim an interest in compensation. Its contents also provide for acquisition of requisitioned property, compensation, appeals, inspections, penalties and rule-making.

Requisition procedure

The Tamil Nadu Requisitioning and Acquisition of Immovable Property Act, 1956 requires the competent authority to give the owner or person in possession written notice stating the public purpose. The recipient has fifteen days from service of the notice to explain why the property should not be requisitioned.

Pending a decision, the authority may temporarily restrict disposal, structural alteration or letting of the property. That restriction cannot exceed two months. After considering objections, the authority may issue a written requisition order.

Properties and occupants protected

The Tamil Nadu Requisitioning and Acquisition of Immovable Property Act, 1956 provides that the following cannot be requisitioned:

• Property genuinely used by its owner as a residence for the owner or the owner's family.
• Property used exclusively for public religious worship.
• A school, hospital, public library or orphanage.
• Accommodation for people managing any protected institution listed above.

If requisitioned premises have been used by a tenant as a residence for at least two months immediately before notice, the competent authority must provide suitable alternative accommodation.

Possession, use and repairs

The Tamil Nadu Requisitioning and Acquisition of Immovable Property Act, 1956 permits written notice requiring possession to be surrendered within thirty days. If a person refuses or fails to comply, the authority may take possession and use necessary force.

Requisitioned property must be used for the purpose stated in the notice. A landlord may be directed to make customary necessary repairs. If the landlord does not comply, the authority may arrange the work and recover its cost, including by deduction from compensation.

Release of property

The Tamil Nadu Requisitioning and Acquisition of Immovable Property Act, 1956 allows the Government to release property and requires restoration, as far as possible, to its earlier condition, allowing for reasonable wear, tear and irresistible force. When the public purpose ends, the property must be released as soon as possible unless it is acquired. The supplied amended text also sets a ten-year release limit under its stated timelines unless acquisition occurs.