Requisitioning and Acquisition of Immovable Property (Amendment) Bill, 2017 (Important) (Download PDF)

()

Download PDF of This Page (Size: 148.90 K)

The Lok Sabha passed Requisitioning and Acquisition of Immovable Property (Amendment) Bill, 2017 making it easier for government to acquire immovable property for “national security and defence purpose”. Amends the Requisitioning and Acquisition of Immovable Property Act, 1952 and changes rules for payment of compensation.

Changes In Land Acquisition, Rehabilitation & Resettlement

Changes In Land Acquisition, Rehabilitation & Resettlement

Changes In Land Acquisition, Rehabilitation & Resettlement

Key Amendments of Bill

  • Retrospective application: The Bill will be deemed to have come into force on March 14, 1952, the date of the enactment of the Act.

  • Re-issue of notice for acquisition: Under the Act, when acquiring a requisitioned property, the central government issued a notification after providing the property owner an opportunity to be heard. The property owner can provide reasons for why the property should not be acquired. The Bill provides that the government may re-issue the acquisition notice to the property owner to give them adequate opportunity for a hearing irrespective of past court orders or judgments setting aside any past notices for acquisition. The re-issue of notice will not apply where the compensation has already been awarded and accepted by the claimants.

  • Interest payable on compensation: When a notice is re-issued, the property owner is entitled to interest on the compensation. Interest is calculated for period from when the first notice was issued till the date of the final payment of compensation based on annual rate of interest, prevalent at any relevant time, on the domestic fixed deposit offered by the State Bank of India.

  • Applicability of enhanced compensation: The Bill provides that such enhanced compensation will be awarded only if: (i) the acquisition notice has been re-issued, and (ii) the land is being acquired for the purpose of national security and defence.

Requisitioning and Acquisition of Immovable Property Act, 1952

  • The Act provides central government powers to requisition immovable property or land for any public purpose such as defence, central government offices, and residences.

  • Once the purpose for property requisition is over, Central Government must return it back to owner in original condition.

  • Central government may acquire requisitioned property in two cases:

    • Central government has constructed any work at such property and right to use such work is with government.

    • Cost of restoring requisitioned property to original condition is excessive and owner refuses to accept property without being compensated for restoring property.

- Published/Last Modified on: January 1, 2018

Bills

Monthy-updated, fully-solved, large current affairs-2019 question bank(more than 2000 problems): Quickly cover most-important current-affairs questions with pointwise explanations especially designed for IAS, NTA-NET, Bank-PO and other competetive exams.