Propertystands out to be one of the biggest assets earned by a person in his lifetime,which often tends to be taken on by generations to come. What sort of reactiona person would have if the property has been taken away by someone else? TheGovernment has the authority to acquire the property of a person under The Requisitioning and Acquisition ofImmovable Property Act of 1952. The act provides the government the authorityto acquire the property for the purpose of developing national security and defence.To prevent the undue advantage of the act special features of this act havebeen issued in order to protect the rights of the owners also.
According to the original passed act, Section 3 deals with the power torequisition immovable property, whereas the section 7 covers the power toacquire the requisitioned property. Section8 and 9 deals with the principlesand methods of compensation and payment modes that have are meant to beprovided to the owner whose property has been requisitioned and compensationfor the same has to be made.The 12th amendment for the Requisition and Acquisition ofImmovable Property Act was proposed, for the regulating the Governingcompensation amount payable at the time of the acquisition of immovableproperty by the central government was introduced by the Minister of State forPlanning, Programme Implementation and Statistics Rao Inderjit Singh.
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It wasintroduced by M Venkaiah Naidu, on 18th July 2017 and waspassed by the Lok Sabha on 20thDecember, 2017.There have been instances of persons interested in therequisitioned property challenging the notice of acquisition on the ground thatthe same has been published without affording personal hearing to them by thecompetent authority. However, after prolonged litigation traversing up to theApex Court, if the interested persons succeed in getting a notice ofacquisition quashed, they would be bestowed with the unintended benefit ofcompensation for their property as on the date of publication of fresh noticeof acquisition.
This may cause astronomical hike in the quantum of compensationbecause of the inevitable appreciation of the market value of the propertybetween the original date of publication of notice of acquisition and thepresent date of publication of the same, pursuant to the orders of the courts. 1″It is proposed that anyenhanced compensation with or without interest awarded by the court or otherauthority, before the date of commencement of the proposed amendment, shall besubject to the re-issuance of the proposed notice of acquisition and shall beapplicable only to the cases of property being acquired for national securityand defence purposes,”2 TheRepresentation of the Immovable Property (Amendment) Bill, 2017 is hoped tobring a significant reform in the exercise of the Right to Property, which is aconstitutional right, as it will make the acquisition of the immovable propertyhassle free and provide fair and just compensation to the owner. The amendment inthe bill is significant, as it has been done in the interest of the security ofthe nation. It will help corrupt element from taking undue advantage bymisusing the litigation process.
As discussed above, if these possible drawbacks will not bemonitored, controlled or terminated, the main purpose of the Representation ofthe Immovable Property (Amendment) Bill, 2017 will turn out to be futile andcan further lead to the fair opportunity to the owners for gaining anappropriate compensation. 1http://www.prsindia.org/uploads/media/Immovable%20Property/Requisitioning%20of%20Immovable%20Property%20Bill,%202017.pdf2 http://indianexpress.com/article/india/bill-to-amend-law-on-govt-buying-immovable-property-introduced-4756642/