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Section 26 – The Requisitioning and Acquisition of Immovable Property Act,1952

The Requisitioning and Acquisition of Immovable Property Act,1952

Section 26. Special provision as to certain requisitions under Act 42 of 1971

(1) Notwithstanding anything contained in this Act, any immovable property requisitioned or purported to have been requisitioned by the Central Government or by any officer or authority to whom powers in this behalf have been delegated by that Government, under the Defence of India Act,1971, and the rules made thereunder (including any immovable property deemed to have been requisitioned under the said Act), which has not been released from such requisition before the appointed day, shall,-

(i) if such property was requisitioned on or before the 21st day of March,1977, as from the date, and

(ii) if such property was requisitioned at any time after such date as from the date of its requisition, be deemed to have been requisitioned by the competent authority under the provisions of this Act for the purpose for which such property was held immediately before the appointed day and all the provisions of this Act shall apply accordingly :

Provided that in determining the compensation payable under this Act in respect of any property so deemed to have been requisitioned under this Act the sum or sums, if any, as may be found necessary to compensate the person interested for all or any of the matters specified in clause (b) of sub-section (2) of section 8 shall be reduced by the sum or sums, if any, paid or payable in respect of such matter or matters as compensation in respect of such property under the Defence of India Act,1971, and the rules made thereunder.

(2) Save as otherwise provided in sub-section (1), the provisions of the Defence of India Act,1971, and the rules made thereunder, in so far as those provisions relate to the requisitioning of any such immovable property as is referred to in sub-section (1), shall, as from the 21st March 1977, cease to operate except as respects things done or omitted to be done before such cesser and section 6 of the General Clauses Act,1897, shall apply upon such cesser of operation as if such cesser were a repeal of an enactment by a Central Act.

Explanation.- In this section “appointed day” means the 23rd September,1977.]

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The Requisitioning and Acquisition of Immovable Property Act,1952

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