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Section 7 – The Requisitioning and Acquisition of Immovable Property Rules,1953

The Requisitioning and Acquisition of Immovable Property Rules,1953

Section 7. Procedure to be followed in releasing the property

(1) – For the purposes of sub-section(2) of section 6 the competent authority may, if it considers it necessary so to do, make or cause to be made by an officer empowered in this behalf by it, an enquiry to obtain information in respect of the following matters, namely:-

(i) the name and address of the person from whom the property was requisitioned.

(ii)The name and address of the person in possession of the property at the time the property was requisitioned;

(iii) The name of the person who has been receiving compensation

(iv) Whether any alternative accommodation was provided to the occupant when the property was requisitioned or whether any compensation was paid to him for vacating the property, or whether the occupants, if any, relinquished their claims for reoccupation of the property;

(v)Whether the occupant was a bona fide tenant of the property or was an unauthorized occupant or has both claims in law for the restitution of the property;

(vi)Whether the owner of the property on whom the requisitioning order was first served, had sold the property and if so to whom;

(vii)In case the property has been sold whether the owner has sold all rights in respect of the property;

(viii) Whether there is any objection to the property being derequisitioned in favour of the owner from whom the property was requisitioned;

(ix) The state of repairs of property at the time of enquiry;

(x)Whether any structure or articles belonging to Government have been erected or installed in the property and their value.

(xi) The condition of the property at the time of requisition and whether the property is in as good a condition as it was when possession thereof was taken subject to change caused by reasonable wear and tear or irresistible force;

(xii)The estimated cost of restoration; and

(xiii) Any other matters that the competent authority may consider for the purpose of specifying the person to whom possession of the property may be given.

(2)Before issuing an order of release under sub-section (1) of section 6 of the Act, the authority to whom the powers of the Central Government have been delegated for this purpose, shall obtain the approval of The Central Government in the administrative Ministry concerned.

(3)An order under sub-section (2) of section 6 shall be issued in Form ” G.

(4)A notice under sub-section (4) of section 6 shall be in form ” H.

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The Requisitioning and Acquisition of Immovable Property Rules,1953

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