The Requisitioning and Acquisition of Immovable Property Rules,1953
Form L. Form of agreement to be made on behalf of the Central Government with owners of immovable property requisitioned when the persons to be compensated are known but for want of agreements as to the amount of compensation certain sums are paid on account
[see Rule 9(5) (iii)]
Form of agreement to be made on behalf of the Central Government with owners of immovable property requisitioned when the persons to be compensated are known but for want of agreements as to the amount of compensation certain sums are paid on account
Memorandum of agreement made this _______ day of ________ one thousand nine hundred and fifty _____________ between _____________________ son of ______________________________________ by occupation ___________ at present residing at ________________________ hereinafter referred to as the owner/owners (which expression shall unless excluded by or repugnant to the context be deemed to include his/their respective heirs, executors, administrators and assigns) of the one part and the President of India ( hereinafter referred to as “˜The Government which expression shall mean and include his successor-in-office and assigns) of the other part.
WHEREAS the immovable property particulars whereof are set out in the schedule hereunder written (hereinafter called the said property) has been requisitioned under the Requisitioning and Acquisition of Immovable Property Act,1952 and the rules framed thereunder and on the _________________ day of ________________ 19taken possession of by or on behalf of or under the authority of the Central Government.
AND WHEREAS the said owner/owners has/have represented and stated to the Government that the owner/owners alone is/are entitled to all compensation payable in respect of the said property and no other erson has any right to such compensation or any part thereof;
AND WHEREAS no agreement having been arrived at between the parties as to amount of compensation payable to the owner/owners and the Government has at the request of the owner/owners agreed to make payment to the owner/owners on account, pending an agreement between the parties as to the amount of compensation payable or the final determination of such amount under the law, Now this Agreement witnesseth as follows :
1.The Government shall pay the owner/owners shall accept and receive payment of Rs._________________ per month/quarterly/year for the said property with effect from the said day of __________________ 19 pending agreement as to or determination of the amount payable as compensation to the owner/owners.
2.Upon such agreement or determination of the amount payable as compensation as aforesaid an account shall be prepared crediting the Government with the payments made by the government as aforesaid and debiting the Government with the amount payable as compensation. If on such account being prepared there is a balance in favour of the Government the amount of such balance shall be forthwith refunded by the owner/owners to the Government. If there is a balance payable to the owner/owners the amount thereof to the owner/owners.
3.If it hereafter transpires that the owner/owners is/are not entitled or exclusively entitled to the compensation payable in respect of the said property or if the Government have to pay any compensation to any other person the owner/owners shall refund to the Government the payments made hereunder and shall otherwise indemnify the Government against any loss or damage suffered by the government by reason of any fault or defect in his/their title as represented by him/them without prejudice to any other remedies for the enforcement of any refund and/or indemnify, the Government may recover any sum paya ble by way of refund and/or indemnify as arrears of land revenue.
4.Should any dispute or difference arise out of or concerning the subject-matter of these presents or any covenant clause or thing herein contained or otherwise arising out of the requisition aforesaid the same shall be referred to an arbitrator to be appointed by the Central government and the decision of such arbitrator shall be conclusive and binding on the parties hereto. The provisions of the Arbitration Act,1940 shall apply to such arbitration.
Schedule above referred to
In witness whereof these presents have been executed the day and year first above written.
Signed and delivered by the above-name owner/owners in the presence of ______________________________________
Signed and delivered for and on behalf of the President in the presence of _______________________________________