Mirza Mohammad Rifat.:REQUISITION OF IMMOVABLE PROPERTY@ Land Laws.

THE REQUISITION OF IMMOVABLE PROPERTY ORDINANCE, 1982.                                                                                                                                                                     

Requisition of property ( Sec 18).

When any property is temporarily required for a public purpose or interest, then the Deputy Commissioner may, order in writing to requisition it with the prior approval of the Government, After taken  possession, the property  may used ( after the expiry of 30 days from the date of service of order) for the purpose for which it has been  requisitioned. Except emergency maintenance of transport or communication system. Without the prior approval of the Government, a property shall not be kept under requisition for a period exceeding two years.

Note: Approval shall not be necessary in the case of emergency requirement of any property. Property which is used either for religious, worship; graveyard or cremation ground shall not be requisitioned.

Revision (Sec 19).

The Government may, of its own motion or by the application of the aggrieved person, may revise the order. Provided that an application shall be made within 30 days from the date of service of the order.

Payment of  compensation (Sec 21).

Deputy Commissioner shall payment the compensation awarded by him to the persons interest therein.  If the persons entitled to compensation do not consent to receive it or if there is no person competent to receive the compensation, or if there is any dispute as to the title to receive the compensation. Then the Deputy Commissioner shall keep the amount in a deposit in the Public Account of the Republic.

Provided that ,

1. Any person may receive such payment under protest as to the sufficiency of the amount.

2. A person who has received the payment without protest shall not be entitled to make any application under section 28.

3. Shall not affect the liability of any person, who may receive the whole or any part of compensation awarded under this Part, to pay the same to the person lawfully entitled.

 Repair of requisitioned property (Sec 23).

During the period of requisition, the Deputy Commissioner shall be responsible for the proper maintenance of a requisitioned property. If the Deputy Commissioner thinks that, the repairs are necessary to prevent worse of the property, and then he may, giving the owner an opportunity of making the repairs and the cost of repairs shall be recovered out of such compensation.

Release from requisition (Sec 24).

(1) Where any requisitioned property is to be released from requisition, the Deputy Commissioner may restore it to the person from whom the property was requisitioned or to his successor.

 (2) The Deputy Commissioner shall be full discharge from all the liability when the delivery of possession of the property is made to the person from whom the property was requisitioned.

Provided that when the person willfully neglects or refuses to take delivery of the requisitioned property then the property shall be deemed to have been restored to such person.

(3) Where the person to whom the possession of any  property is to be delivered, cannot be found or he has no agent or there is no  person  competent to accept the delivery on his behalf, then the Deputy Commissioner shall published a notice in the official Gazette that the property is released from requisition.  

(4) When a notice is published in the official Gazette, in respect of the property requisitioned. Then the Deputy Commissioner shall not be liable for any compensation or other claim in respect of the property.

Eviction of allottees (Sec 25.)  

Notwithstanding anything contained in any other law, if a property is under requisition, which has been allotted to any person and is required by the Deputy Commissioner for any other use or purpose during the period of requisition or if the allottee has defaulted in payment.

The Deputy Commissioner may at any time, direct such person or allottee to vacate the property by such date as may be specified in such order, if necessary the Deputy Commissioner may use force for such purpose.

   

 

 Applicability (Sec 26).

 Nothing in this part shall not apply to any property with in the limits of a cantonment.

   

 

                      

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