Release from requisition

§8

Summary

8. (1) Where any accommodation requistioned under this Act is to be released from requisition, the District Magistrate shall release it in favour of the person from whom it was requisitioned [and delivered possession thereof to him]1 .If the accommodtion was subject to mortgage with possession on the date of requisition and the mortgage has since been redeemed or otherwise paid off, or if the accommodation was held by a receiver, trustee or guardian and the receiver, trustee or guardian as the case may be has been discharged or the person from whom it was requisitioned is dead, the District Magistrate may, after making such enquiry, if any, as he may consider necessary, specify by order in writing the person to whom possession thereof shall be delivered. [(1-A) For purposes of delivery of possession of the accommodation under sub-section (1) the District Magistrate shall in the manner prescribed by rules evict or cause to be evicted all persons who might be in occupation of the accommodation at the time of its release from requisition, and in doing so he may use such force as may be necessary]2 (2) The delivery of possession of, and payment of compensation for, such accommodation to a person specified in the order under subsection (1) shall be full discharge of the [State Government@]1 bor the District Magistrate from all liability in respect of the accommodatin, but shall not prejudice any rights in respect of the accommodation which any other person may be entitled to enforce against the person to whom possession is delivered or compensation is paid. (3) Where the person to whom possession of accommodation is to be delivered under sub-section (1) cannot be found and has no agent or other person empowered to accept delivery of possession on hisbehalf, the District Magistrated may cause a notice, declaring that the accommodation is released from requisition, to be published in the official Gazette. (4) When the notice referred to in sub-section (3) has been published, the accommodation specified in the notice shall cease to be subject to requisition on and from the date of the publication of the notice in the Gazette, and shall be deemed to have been delivered to the person entitled to possession thereof, and the [State Government]3or the District Magistrate shall not be liable for any compensation or other claim in respect of the accommodation for any period after such date. [(5) Nothing in this section shall prevent the District Magistrate from releasing from requisition only a part of the accommodation : Provided that where the District Magistrate releases from requisition only a part of the accommodation with the concurrence of the owner, the release shall be on be on such terms as to compensation or other wise as may be agreed upon between him and the owner Provided further that where the release from requisition of only a part of the accommodation is without the concurrence of the owner or where no agreement as specified in the first proviso as to the terms of the release is reached, such reduction, if any, shall be made in the compensation payable to the owner as may be determined by the court on a reference made to it by the District Magistrate, and the provisions of sub-section (2) of section 6 shall mutatis mutandis apply to such reference]1

8. (1) Where any accommodation requistioned under this Act is to be released from requisition, the District Magistrate shall release it in favour of the person from whom it was requisitioned [and delivered possession thereof to him]1 .If the accommodtion was subject to mortgage with possession on the date of requisition and the mortgage has since been redeemed or otherwise paid off, or if the accommodation was held by a receiver, trustee or guardian and the receiver, trustee or guardian as the case may be has been discharged or the person from whom it was requisitioned is dead, the District Magistrate may, after making such enquiry, if any, as he may consider necessary, specify by order in writing the person to whom possession thereof shall be delivered. [(1-A) For purposes of delivery of possession of the accommodation under sub-section (1) the District Magistrate shall in the manner prescribed by rules evict or cause to be evicted all persons who might be in occupation of the accommodation at the time of its release from requisition, and in doing so he may use such force as may be necessary]2 (2) The delivery of possession of, and payment of compensation for, such accommodation to a person specified in the order under subsection (1) shall be full discharge of the [State Government@]1 bor the District Magistrate from all liability in respect of the accommodatin, but shall not prejudice any rights in respect of the accommodation which any other person may be entitled to enforce against the person to whom possession is delivered or compensation is paid. (3) Where the person to whom possession of accommodation is to be delivered under sub-section (1) cannot be found and has no agent or other person empowered to accept delivery of possession on hisbehalf, the District Magistrated may cause a notice, declaring that the accommodation is released from requisition, to be published in the official Gazette. (4) When the notice referred to in sub-section (3) has been published, the accommodation specified in the notice shall cease to be subject to requisition on and from the date of the publication of the notice in the Gazette, and shall be deemed to have been delivered to the person entitled to possession thereof, and the [State Government]3or the District Magistrate shall not be liable for any compensation or other claim in respect of the accommodation for any period after such date. [(5) Nothing in this section shall prevent the District Magistrate from releasing from requisition only a part of the accommodation : Provided that where the District Magistrate releases from requisition only a part of the accommodation with the concurrence of the owner, the release shall be on be on such terms as to compensation or other wise as may be agreed upon between him and the owner Provided further that where the release from requisition of only a part of the accommodation is without the concurrence of the owner or where no agreement as specified in the first proviso as to the terms of the release is reached, such reduction, if any, shall be made in the compensation payable to the owner as may be determined by the court on a reference made to it by the District Magistrate, and the provisions of sub-section (2) of section 6 shall mutatis mutandis apply to such reference]1

← Previous Section Next Section →

Explore this Chapter