Property was proposed, for the regulating the Governing compensation

Property
stands 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 reaction
a person would have if the property has been taken away by someone else?

The
Government has the authority to acquire the property of a person under The Requisitioning and Acquisition of
Immovable Property Act of 1952. The act provides the government the authority
to 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 have
been issued in order to protect the rights of the owners also.

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According to the original passed act, Section 3 deals with the power to
requisition immovable property, whereas the section 7 covers the power to
acquire the requisitioned property. Section8 and 9 deals with the principles
and methods of compensation and payment modes that have are meant to be
provided to the owner whose property has been requisitioned and compensation
for the same has to be made.

The 12th amendment for the Requisition and Acquisition of
Immovable Property Act was proposed, for the regulating the Governing
compensation amount payable at the time of the acquisition of immovable
property by the central government was introduced by the Minister of State for
Planning, Programme Implementation and Statistics Rao Inderjit Singh. It was
introduced by M Venkaiah Naidu, on 18th July 2017 and was
passed by the Lok Sabha on 20thDecember, 2017.

There have been instances of persons interested in the
requisitioned property challenging the notice of acquisition on the ground that
the same has been published without affording personal hearing to them by the
competent authority. However, after prolonged litigation traversing up to the
Apex Court, if the interested persons succeed in getting a notice of
acquisition quashed, they would be bestowed with the unintended benefit of
compensation for their property as on the date of publication of fresh notice
of acquisition. This may cause astronomical hike in the quantum of compensation
because of the inevitable appreciation of the market value of the property
between the original date of publication of notice of acquisition and the
present date of publication of the same, pursuant to the orders of the courts. 1

“It is proposed that any
enhanced compensation with or without interest awarded by the court or other
authority, before the date of commencement of the proposed amendment, shall be
subject to the re-issuance of the proposed notice of acquisition and shall be
applicable only to the cases of property being acquired for national security
and defence purposes,”2

 

 

 

The
Representation of the Immovable Property (Amendment) Bill, 2017 is hoped to
bring a significant reform in the exercise of the Right to Property, which is a
constitutional right, as it will make the acquisition of the immovable property
hassle free and provide fair and just compensation to the owner. The amendment in
the bill is significant, as it has been done in the interest of the security of
the nation. It will help corrupt element from taking undue advantage by
misusing the litigation process. As discussed above, if these possible drawbacks will not be
monitored, controlled or terminated, the main purpose of the Representation of
the Immovable Property (Amendment) Bill, 2017 will turn out to be futile and
can further lead to the fair opportunity to the owners for gaining an
appropriate compensation.

 

 

 

1http://www.prsindia.org/uploads/media/Immovable%20Property/Requisitioning%20of%20Immovable%20Property%20Bill,%202017.pdf

2 http://indianexpress.com/article/india/bill-to-amend-law-on-govt-buying-immovable-property-introduced-4756642/

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