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Release from requisition.

§9

Summary

(1) The 1[Statec9563 Government may, at any time, release from requisition any land requisitioned or continue to be subject to requisition under this Act. 2[(1A) Notwithstanding anything contained in sub-section (1), the State Government shall release from requisition,- (a) any land requisitioned or continued to be subject to requisition under this Act before the commencement of the Bombay Land Requisition (Amendment) Act, 1973 (Mah. LI of 1973), on or before the expiry of a period of 3[twenty-four yearsc9563 from such commencement; (b) any land requisitioned under this Act after such commencement, on or before the expiry of a period of 4[twenty-four yearsc9563 from the date on which possession of such land was surrendered or delivered to, or taken by, the State Government or any officer authorised or empowered by the State Government.c9563 (2) (a) Upon such release 5[under sub-section (1) or sub-section (1A)c9563 the land shall be restored as far as possible in the same condition in which it was on the date on which the 6[Statec9563 Government was put in possession thereof, and the 7[Statec9563 Government shall pay compensation for deterioration, if any, caused to the land otherwise than by reasonable wear and tear or irresistible force: Provided that nothing in this sub-section shall apply to any structures, trees or crops standing on the land on the date on which the 8[Statec9563 Government took possession thereof and in respect of which compensation has been paid. (b) The officer authorised in this behalf by the 9[Statec9563 Government shall determine such amount of compensation as he deems just and his decision, subject to an appeal to the 10[Statec9563 Government, shall be final. Such appeal shall be made within a period of thirty days from the date of the decision. (3) When any land is to be released from requisition, the 11[Statec9563 Government may, after making such inquiry, if any, as it deems fit, specify by order in writing the person to whom possession of the land shall be given. (4) The delivery of possession of the land to the person specified in an order made under subsection (1) shall be a full discharge of the 12[Statec9563 Government from all liability in respect of such delivery but shall not prejudice any rights in respect of the land which any other person may be entitled by due process of law to enforce against the person to whom possession of the land is so delivered. (5) Where the person to whom possession of any requisitioned land is to be given cannot be found and has no agent or other person empowered to accept delivery on his behalf the 13[State] Government shall cause a notice declaring that the land is released from requisition to be affixed on some conspicuous part of the land and shall publish the notice in the Official Gazette. (6) When a notice referred to in sub-section (5) is published in the Official Gazette, the land specified in such notice shall cease to be subject to requisition on and from the date of such publication and be deemed to have been delivered to the person entitled to possession thereof; and the 14[State] Government shall not be liable for any compensation or other claim in respect of the land for any period after the said date. (7) For the purpose of releasing any land from requisition the 15[State] Government may, by order, direct the person to whom the 16[State] Government had given possession of such land and other person, if any, in occupation of such land to deliver possession thereof to the officer authorised in this behalf by the 17[State] Government. 18[(8) On the date of coming into force of the Bombay Rents, Hotel and Lodging House Rates Control, Bombay Land Requisition and Bombay Government Premises (Eviction) (Amendment) Act, 1996 (Mah. XVI of 1997), all the premises requisitioned or continued under requisition under this Act and allotted to Government allottees who, on the said date 19[were in occupation or possession of such premises] shall be deemed to have been released from requisition, and in respect of such premises the State Government or, as the case may be, the Government allottees referred to in clause (b) of the Explanation, shall become the tenants by virtue of the provisions of section 15B of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 (Bom. LVII of 1947) and the compensation, if any, due in respect of such premises shall be determined and paid to the persons entitled thereto as if such premises were actually released under this section. Explanation.- For the purposes of this sub-section, the expression Government allottee- (a) in relation to any premises requisitioned or continued under requisition which are allotted by the State Government for any non-residential purpose to any department or office of the State Government or Central Government or any public sector undertaking or corporation owned or controlled fully or partly by the State Government or any co-operative society registered under the Maharashtra Co-operative Societies Act, 1960 (Mah. XXIV of 1961) or any foreign consulate, by whatever name called, and on the date of coming into force of the Bombay Rents, Hotel and Lodging House Rates Control, Bombay Land Requisition and Bombay Government Premises (Eviction) (Amendment) Act, 1996 (Mah. XVI of 1997) 20[are in their occupation or possession], means the principal officer-in-charge of such office or department or public sector undertaking or corporation, or society or consulate; and (b) in relation to any premises requisitioned, or continued under requisition which are allotted by the State Government for residential purpose to any person and, on the date of coming into force of the Bombay Rents, Hotel and Lodging House Rates Control, Bombay Land Requisition and Bombay Government Premises (Eviction) (Amendment) Act, 1996 (Mah. XVI of 1997) 21[such person or his legal heir is in occupation or possession of such premises for his or such legal heirs own residence, means such person or legal heir.]

(1) The 1[Statec9563 Government may, at any time, release from requisition any land requisitioned or continue to be subject to requisition under this Act. 2[(1A) Notwithstanding anything contained in sub-section (1), the State Government shall release from requisition,- (a) any land requisitioned or continued to be subject to requisition under this Act before the commencement of the Bombay Land Requisition (Amendment) Act, 1973 (Mah. LI of 1973), on or before the expiry of a period of 3[twenty-four yearsc9563 from such commencement; (b) any land requisitioned under this Act after such commencement, on or before the expiry of a period of 4[twenty-four yearsc9563 from the date on which possession of such land was surrendered or delivered to, or taken by, the State Government or any officer authorised or empowered by the State Government.c9563 (2) (a) Upon such release 5[under sub-section (1) or sub-section (1A)c9563 the land shall be restored as far as possible in the same condition in which it was on the date on which the 6[Statec9563 Government was put in possession thereof, and the 7[Statec9563 Government shall pay compensation for deterioration, if any, caused to the land otherwise than by reasonable wear and tear or irresistible force: Provided that nothing in this sub-section shall apply to any structures, trees or crops standing on the land on the date on which the 8[Statec9563 Government took possession thereof and in respect of which compensation has been paid. (b) The officer authorised in this behalf by the 9[Statec9563 Government shall determine such amount of compensation as he deems just and his decision, subject to an appeal to the 10[Statec9563 Government, shall be final. Such appeal shall be made within a period of thirty days from the date of the decision. (3) When any land is to be released from requisition, the 11[Statec9563 Government may, after making such inquiry, if any, as it deems fit, specify by order in writing the person to whom possession of the land shall be given. (4) The delivery of possession of the land to the person specified in an order made under subsection (1) shall be a full discharge of the 12[Statec9563 Government from all liability in respect of such delivery but shall not prejudice any rights in respect of the land which any other person may be entitled by due process of law to enforce against the person to whom possession of the land is so delivered. (5) Where the person to whom possession of any requisitioned land is to be given cannot be found and has no agent or other person empowered to accept delivery on his behalf the 13[State] Government shall cause a notice declaring that the land is released from requisition to be affixed on some conspicuous part of the land and shall publish the notice in the Official Gazette. (6) When a notice referred to in sub-section (5) is published in the Official Gazette, the land specified in such notice shall cease to be subject to requisition on and from the date of such publication and be deemed to have been delivered to the person entitled to possession thereof; and the 14[State] Government shall not be liable for any compensation or other claim in respect of the land for any period after the said date. (7) For the purpose of releasing any land from requisition the 15[State] Government may, by order, direct the person to whom the 16[State] Government had given possession of such land and other person, if any, in occupation of such land to deliver possession thereof to the officer authorised in this behalf by the 17[State] Government. 18[(8) On the date of coming into force of the Bombay Rents, Hotel and Lodging House Rates Control, Bombay Land Requisition and Bombay Government Premises (Eviction) (Amendment) Act, 1996 (Mah. XVI of 1997), all the premises requisitioned or continued under requisition under this Act and allotted to Government allottees who, on the said date 19[were in occupation or possession of such premises] shall be deemed to have been released from requisition, and in respect of such premises the State Government or, as the case may be, the Government allottees referred to in clause (b) of the Explanation, shall become the tenants by virtue of the provisions of section 15B of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 (Bom. LVII of 1947) and the compensation, if any, due in respect of such premises shall be determined and paid to the persons entitled thereto as if such premises were actually released under this section. Explanation.- For the purposes of this sub-section, the expression Government allottee- (a) in relation to any premises requisitioned or continued under requisition which are allotted by the State Government for any non-residential purpose to any department or office of the State Government or Central Government or any public sector undertaking or corporation owned or controlled fully or partly by the State Government or any co-operative society registered under the Maharashtra Co-operative Societies Act, 1960 (Mah. XXIV of 1961) or any foreign consulate, by whatever name called, and on the date of coming into force of the Bombay Rents, Hotel and Lodging House Rates Control, Bombay Land Requisition and Bombay Government Premises (Eviction) (Amendment) Act, 1996 (Mah. XVI of 1997) 20[are in their occupation or possession], means the principal officer-in-charge of such office or department or public sector undertaking or corporation, or society or consulate; and (b) in relation to any premises requisitioned, or continued under requisition which are allotted by the State Government for residential purpose to any person and, on the date of coming into force of the Bombay Rents, Hotel and Lodging House Rates Control, Bombay Land Requisition and Bombay Government Premises (Eviction) (Amendment) Act, 1996 (Mah. XVI of 1997) 21[such person or his legal heir is in occupation or possession of such premises for his or such legal heirs own residence, means such person or legal heir.]

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