LexThe Himachal Pradesh Requisition of Immovable Property Act, 1987
Himachal Pradesh · state statute
Open in Lexace · Ask the AI about this actTHE HIMACHAL PRADESH REQUISITION OF IMMOVABLE
PROPERTY ACT, 1987
ARRANGEMENT OF SECTIONS
Sections:
1. Short title, extent and commencement.
2. Definitions.
3. Power to requisition immovable property.
4. Power to take possession of requisitioned property.
5. Rights over requisitioned property.
6. Release from requisition.
7. Application for release from requisition.
8. Further application for release from requisition.
9. Principles and methods of determining compensation.
10. Payment of compensation.
11. Appeal from order of requisition.
12. Appeal from order of competent authority rejecting appli-
cation for release from requisition.
13. Appeal from award in respect of compensation.
14. Competent authority and arbitrator to have certain powers of
civil courts.
15. Power to obtain information.
16. Power to enter and inspect.
17. Service of notice and order.
18. Easement not to be disturbed.
19. Delegation of powers.
20. Protection of action taken in good faith.
21. Bar of jurisdiction of civil courts.
22. Penalty for offences.
23. Certain persons to be public servants.
24. Power to make rules.
25. Validation of certain requisitions of immovable properties.
26. Power to recover rent or damages in respect of requisitioned
property as arrears of land revenue.
27. Repeal and savings.
THE HIMACHAL PRADESH REQUISITION OF IMMOVABLE PROPERTY ACT, 1987 2
THE HIMACHAL PRADESH REQUISITION OF IMMOVABLE
PROPERTY ACT, 1987
(ACT NO. 1 OF 1988)1
(Received the assent of the President of India on the 1st February,
1988 and was published in Hindi in the Rajpatra, Himachal Pradesh (Extra-
ordinary), dated 1st February, 1988, pp. 169-184 and in English in the
Rajpatra, Himachal Pradesh (Extra-ordinary), dated 7th March, 1988, pp. 255-
268).
An Act to provide for the requisition of immovable property or the
continuance of requisition of immovable property for purposes of
the State.
BE it enacted by the Legislative Assembly of Himachal Pradesh in the
Thirty-eighth Year of the Republic of India as follows:-
1. Short title, extent and commencement.- (1) This Act may be
called the Himachal Pradesh Requisition of Immovable Property Act, 1987.
(2) It extends to the whole of the State of Himachal Pradesh.
(3) It shall be deemed to have come into force on the 28th day of July,
1983.
2. Definitions.- In this Act, unless the context otherwise requires,-
(a) “award” means an award of an arbitrator made under section
9;
(b) “competent authority” means any person or authority
authorised by the Government, by notification in the Official
Gazette, to perform the functions of the competent authority
under this Act for such area as may be specified in the
notification;
(c) “Government” means the Government of Himachal Pradesh;
(d) “landlord” means any person, who for the time being is
receiving or is entitled to receive the rent of any premises,
whether -on his own account, or on account or on behalf or
for the benefit of any other person, or as a trustee, guardian or
receiver for any other person or who would so receive the rent
or be entitled to receive the went if the premises were let to a
tenant;
(e) “Official Gazette” means the Rajpatra, Himachal Pradesh;
(f) the expression “person interested” in relation to any property
includes all persons claiming or entitled to claim an interest in
1. Passed in Hindi by the H.P. Vidhan Sabha. For Statement or Objects and Reasons
see the Rajpatra, Himachal Pradesh (Extra-ordinary), dated 22nd December,
1987, pp. 2529 and 2543.
THE HIMACHAL PRADESH REQUISITION OF IMMOVABLE PROPERTY ACT, 1987 3
the compensation payable on account of the requisition of that
property under this Act;
(g) “premises” means any building or part of a building and
includes-
(i) the garden, grounds and out-houses, if any, pertaining to
such building or part of the building; and
(ii) any fittings affixed to such building or part of the
building for more beneficial enjoyment thereof;
(h) “prescribed” means prescribed by rules made under this Act;
(i) “property” means immovable property of every kind and
includes any rights in or over such property; and
(j) “tenant” means any person by whom or on whose account
rent is payable for any premises and includes such sub-tenants
and other persons as have derived title under the tenant under
any law for the time being in force.
3. Power to requisition immovable properly.- (1) Where the
competent authority is of the opinion that any property is needed or is likely to
be needed for any public purpose, being a purpose of the State, and that the
property should be requisitioned, the competent authority-
(a) shall call upon the owner or any other person who may be in
possession of the property, by notice in writing (specifying
therein the purpose of the requisition) to show cause within
thirty days of the date of the service of such notice on him, as
to why the property should not be requisitioned; and
(b) may, by order, direct that neither the owner of the property
nor any other person shall, without permission of the
competent authority, dispose of or structurally alter the
property or let it out to a tenant until the expiry of such
period, not exceeding two months, as may be specified in the
order.
(2) If, after considering the cause, if any, shown by any person
interested in the property or in possession thereof, the competent authority is
satisfied that it is necessary or expedient so to do, it may, by order in writing,
requisition the property and may make such further orders as appears to it to
be necessary or expedient in connection with the requisition:
Provided that no property or part thereof-
(a) which is bona fide used by the owner thereof as residence for
himself or his family, or
(b) which is exclusively used either for religious worship by the
public or as a school, hospital, public library or an orphanage
or for the purpose of accommodation of a person connected
THE HIMACHAL PRADESH REQUISITION OF IMMOVABLE PROPERTY ACT, 1987 4
with the management of such place of worship or such
school, hospital, library or orphanage, shall be requisitioned:
Provided further that where the requisitioned property consists of
premises which are being used as a residence by a tenant for not less than two
months immediately preceding the date of the service of notice under sub-
section (1), possession of the property shall not be taken unless the competent
authority has provided such tenant with alternative accommodation which, in
its opinion, is suitable.
4. Power to take possession of requisitioned property.- (1) Where
any property has been requisitioned under section 3, the competent authority
may, by notice in writing, order the owner as well as any other person who
may be in possession of the property to surrender or deliver possession thereof
to the competent authority or any person duly authorised by it in this behalf
within thirty days of the service of the notice.
(2) If any person refuses or fails to comply with an order made under
sub-section (1), the competent authority may take possession of the property
and may, for that purpose, use such force as may be necessary.
(3) On taking possession of any property under this section, the com-
petent authority shall, in the absence of an agreement as to the amount of
compensation under clause (a) of sub-section (1) of section 9 and without
prejudice to other provisions of this Act, tender every month payment of
eighty percentum of the rental as estimated by him, provisional compensation
for such property, to the owners or persons entitled thereto.
(4) The amount paid or tendered under sub-section (3) shall be taken
into account for determining the amount of compensation required to be paid
under section 9 and where the compensation so paid exceeds the
compensation determined under section 9, the excess, unless refunded within
three months from the date of award, shall be recoverable by deduction from
the rental payable thereafter.
5. Rights over requisitioned property.- (1) All property requisi-
tioned under section 3 shall be used for such purposes as may be mentioned in
the notice of requisition.
(2) Where any premises are requisitioned under section 3, the com-
petent authority may order the landlord to execute such repairs as may be
necessary and are usually made by landlords in that locality and as may be
specified in the notice within such reasonable time as may be mentioned
therein and if the landlord fails to execute the repairs in pursuance of such
order, the competent authority may cause the repairs specified in the order to
be executed at the expense of the landlord and the cost thereof may, without
prejudice to any mode of recovery, be deducted from the compensation
payable to the landlord.
6. Release from requisition.- (1) The competent authority may at
any time release from requisition any property requisitioned under this Act
and shall, as far as possible, restore the property in as good condition as it was
THE HIMACHAL PRADESH REQUISITION OF IMMOVABLE PROPERTY ACT, 1987 5
when possession thereof was taken, subject only to the changes caused by
reasonable wear and tear and irresistible force:
Provided that where the purposes for which any requisitioned
property was being used cease to exist, the competent authority shall release
the property, as soon as may be, from requisition.
(2) Notwithstanding anything contained in sub-section (1), the State
Government shall release from requisition-
(a) any property requisitioned under the Himachal Pradesh
Requisitioning and Acquisition of Immovable Property Act,
1972, (20 of 1973), the possession of which is still with the
Government, an or before the expiry of a period of ten years
from the 28th day of July, 1983;
(b) any property requisitioned or deemed to be requisitioned
under this Act, after the 27th day of July, 1983, on or before
tbe expiry of a period of ten years from the date on which
possession of such property was surrendered or delivered to
or taken by the competent authority under section 4.
(3) Where any property is to be released from requisition, the
competent authority may, after such enquiry, if any, as it may in any case
consider necessary to make or cause to be made, specify by order in writing,
the person to whom possession of the property shall be given and such
possession shall, as far as practicable, be given to the person from whom
possession was taken at the time of the requisition or to the successor(s)-in-
interest of such person.
(4) The delivery of possession of the property to the person specified
in an order under sub-section (2) shall be a full discharge of the Government
from all liability in respect of the property, but shall not prejudice any rights
in respect of the property to which any other person may be entitled, by due
process of law, to enforce against the person to whom possession of the
property is given.
(5) Where any person to whom possession of any requisitioned pro-
perty is to be given is not traceable and has no agent or other person
empowered to accept delivery on his behalf, the competent authority shall
cause a notice, declaring that the property is released from requisition, to be
affixed on some conspicuous part of the property and shall also publish the
notice in the Official Gazette.
(6) When a notice referred to in sub-section (5) is published in the
Official Gazette, the property specified in such notice shall cease to be subject
to requisition on and from the date of such publication and shall be deemed to
have been delivered to the person entitled to possession thereof and the
Government shall not be liable for any compensation or other claim in respect
of the property for any period after the said date.
(7) Where any property requisitioned under this Act or any material
part thereof is wholly destroyed or rendered substantially and permanently
THE HIMACHAL PRADESH REQUISITION OF IMMOVABLE PROPERTY ACT, 1987 6
unfit for the purpose for which it was requisitioned by reason of fire,
earthquake, tempest, flood or operation of any army or violence of any mob or
other irresistible force, the requisition shall at the option of the Government,
be void:
Provided that the benefit of this sub-section shall not be available to
the Government where the injury to such property is caused by any wrongful
act or default of the Government.
7. Application for release from requisition.- (1) After a period of
two years from the date of requisition of any property, the owner or any
person interested in such property, may apply to the competent authority to
release it from requisition:
Provided that such application may be made before the expiry of two
years from the date of requisition of the property if circumstances have arisen
which the owner or any person interested in the property could not have urged
when given an opportunity to show cause under clause (a) of sub-section (1)
of section 3.
(2) On receipt of an application under sub-section (1) the competent
authority may, after calling for such information as it may find necessary,
from the owner or any person interested in the property or making such
further inquiry as it may consider necessary, pass orders in respect of that as it
deems fit.
8. Further application for release from requisition.- After the ap-
plication for release from requisition made under section 7 has been rejected
by the competent authority and the appeal filed before the Government under
section 12 has also been rejected, no further application for release will be
entertained by the competent authority till the expiry of a further period of two
years:
Provided that another application may be made by the owner or any
person interested in the property within two years of rejection of the first
appeal if any further circumstances have arisen which he could not have urged
in his previous application.
9. Principles and methods of determining compensation.- (1)
Where any property is requisitioned under this Act, there shall be paid
compensation the amount of which shall be determined in the manner and in
accordance with the principles hereinafter set out, that is to say-
(a) where the amount of compensation is fixed by agreement, it
shall be paid in accordance with such agreement;
(b) where no such agreement can be reached, the Government
shall appoint as an arbitrator a person who is or has been or is
qualified for appointment as a Judge of a High Court;
(c) the Government may, in any particular case, nominate a per-
son having expert knowledge as to the nature of the property
requisitioned to assist the arbitrator and where such
THE HIMACHAL PRADESH REQUISITION OF IMMOVABLE PROPERTY ACT, 1987 7
nomination is made the person to be compensated, may also
nominate an assessor for the same purpose;
(d) at the commencement of the proceedings before the arbitrator,
the Government and the person to be compensated shall state
what in their respective opinion is a fair amount of compensa-
tion;
(e) the arbitrator shall, after hearing the dispute, make an award,
within a period of year reckoned from the date of order of
requisition made by the competent authority under sub-
section(2) of section 3, determining the amount of
compensation which appears to him to be just and specifying
the person or persons to whom such compensation shall be
paid; and in making the award, he shall have due regard to the
circumstances of each case and the one provisions of sub-
section (2) of this section;
(f) where there is any dispute as to the person or persons who
is/are entitled to the compensation, the arbitrator shall decide
such dispute and if the arbitrator finds that more than one
person are entitled to compensation, he shall apportion the
amount thereof amongst such persons; and
(g) nothing in the Arbitration Act, 1940 (10 of 1940) shall apply
to arbitration under this section,
(2) The amount of compensation payable for the requisition of any
property shall, subject to the provisions of sub-sections (3) and (4), consist of-
(a) a recurring payment, in respect of the period of requisition, of
a sum equal to the rent which would have been payable for
the use and occupation of the property, if it has been taken on
lease for that period; and
(b) such sum or sums, if any, as may be found necessary to com-
pensate the person interested in all or any of the following
matters, namely:-
(i) pecuniary loss due to requisition;
(ii) expenses on account of vacating the requisitioned
premises;
(iii) expenses on account of re-occupying the premises upon
release from requisition; and
(iv) damages (other than normal wear and tear) caused to
the property during the period of requisition including
the expenses that may have to be incurred for restoring
the property to the same condition in which it was at the
time of requisition.
THE HIMACHAL PRADESH REQUISITION OF IMMOVABLE PROPERTY ACT, 1987 8
(3) The recurring payment, referred to in clause (a) of sub-section (2),
in respect of any property shall, unless the property is sooner released from
requisition under section 6, be revised in accordance with the provisions of
sub-section (4),-
(a) in a case where such property has been subject to requisition
for a period of five years or a longer period immediately
preceding the commencement of this Act-
(i) in the first instance with effect from the date of such
commencement, and
(ii) further with effect from the expiry of five years from
such commencement;
(b) in a case where such property has been subject to requisition
immediately before such commencement for a period shorter
than five years and the maximum period within which such
property shall, in accordance with the provisions of sub-
section (2) of section 6, be released from requisition, extend
beyond five years from the date of its requisition,-
(i) in the first instance with effect from the date of expiry of
five years from the date on which possession of such
property has been surrendered or delivered to, or taken
by, the competent authority under section 4, and
(ii) further with effect from the date of expiry of a period of
five years from the date on which the revision made
under clause (i) takes effect;
(c) in any other case, with effect from the date of expiry of five
years from the date on which possession of such property has
been surrendered or delivered to, or taken by, the competent
authority under section 4.
(4) The recurring payment in respect of any property shall be revised
by re-determining such payment in the manner and in accordance with the
principles set out in sub-section (1) read with clause (a) of sub-section (2), as
if such property had been requisitioned under this Act on the date with effect
from which the revision has to be made under sub-section (3).
(5) Where there are several persons interested in the compensation, it
shall be lawful for the Government either on its own motion or on an
application from any person interested therein, to appoint the same or any
other arbitrator to make an award or supplementary award in respect of the
disputes.
Explanation.- In computing the period referred to in clause (e) of sub-
section (1), any period or periods during which proceedings are held up on
account of any stay or injunction by an order of any court, shall be excluded.
10. Payment of compensation.- (1) The amount of compensation
payable under an award shall, subject to any rules made under this Act, be
THE HIMACHAL PRADESH REQUISITION OF IMMOVABLE PROPERTY ACT, 1987 9
paid or given by the competent authority to the person or persons entitled
therein in such manner and within such time as may be specified.
(2) An interest at the rate of 9 percentum per annum shall be payable
on the amount of compensation or any part thereof from the date of order of
requisition made by the competent authority under sub-section (2) of section 3
till the date the amount stands paid or tendered:
Provided that where such compensation. or part thereof is not paid or
tendered within one year from the date it becomes due, interest at the rate of
15 percentum per annum shall be payable for the period exceeding one year.
Explanation I.- For computing interest under this sub-section, the
amount paid as provisional compensation under sub-section (3) of section 4, if
not already reduced while making the award, shall be deducted from the
amount of compensation payable under the award.
Explanation II.- For the removal of doubts it is clarified that tender of
amount of compensation to the persons entitled thereto shall, without
prejudice to other provisions of this Act, be deemed to be the payment of
compensation to the persons interested therein, for the purposes of this sub-
section.
11. Appeal from order of requisition.- (1) Any person aggrieved by
an order of requisition made by the competent authority under sub-section (2)
of section 3 may, within thirty days from the date of service of the order
prefer an appeal to the Government :
Provided that the Government may entertain the appeal after expiry of
the said period of thirty days if it is satisfied that the appellant was prevented
by sufficient cause from filing the appeal in time.
(2) on receipt of an appeal under sub-section (1), the Government
may, after calling for a report from the competent authority and giving an
opportunity, to the parties of being heard and after making such further
enquiry, if any, as may be necessary, pass such orders as it thinks fit and the
orders of the Government shall be final.
(3) Where an appeal is preferred under sub-section (1), the
Government may stay the enforcement of the order of the competent authority
for such period and on such conditions as it thinks fit.
12. Appeal from order of competent authority rejecting
application for release from requisition.- (1) Any person aggrieved by an
order made by the competent authority under sections 7 and 8 may, within
thirty days from the date of service of the order, prefer an appeal to the
Government:
Provided that the Government may entertain the appeal after the
expiry of the said period of thirty days, if it is satisfied that the appellant was
prevented by sufficient cause from filing the appeal in time.
(2) On receipt of an appeal under sub-section (1), the Government
may after calling for a report from the competent authority and after making
THE HIMACHAL PRADESH REQUISITION OF IMMOVABLE PROPERTY ACT, 1987 10
such further inquiry as it may consider necessary, pass such orders as it deems
fit and the orders of the Government shall be final.
13. Appeal from award in respect of compensation.- (1) Any
person aggrieved by an award of the arbitrator made under section 9 may,
within sixty days, from the date of such award prefer an appeal to the High
Court of Himachal Pradesh:
Provided that the High Court may entertain the appeal after expiry of
the said period of sixty days, if it is satisfied that the appellant was prevented
by sufficient cause from filing the appeal in time.
(2) If the sum which, in the opinion of the High Court, the arbitrator
ought to have awarded as compensation is in excess of the sum which the
arbitrator did award as compensation, the High Court may direct that the
competent authority shall pay interest on such sum in excess at the rate of 9
percentum per annum from the date of the order of requisition made by the
competent authority under sub-section (2) of section 3 till the .date the amount
of such sum in excess stands paid or tendered:
Provided that the High Court may also direct that where such sum in
excess or any part thereof is paid or tendered after the date of expiry of a
period of one year from the date on which the order of requisition is made
under sub-section (2) of section 3, interest at the rate of 15 percentum per
annum shall be payable from the date of expiry of the said period of one year
on the amount of such sum in excess or part thereof which has not been paid
or tendered before the date of such expiry.
Explanation.- For the removal of doubts it is claimed that tender of
amount of compensation to the persons entitled thereto, without prejudice to
the provisions contained in this Act, shall be deemed to be valid payment for
the purposes of this sub-section.
14. Competent authority and arbitrator to have certain powers, of
civil courts.- The competent authority and the arbitrator appointed under
section 9, while holding an inquiry or arbitration proceedings, as the case may
be, under this Act, shall have all powers of a civil court, while trying a suit
under the Code of Civil Procedure, 1908 (5 of 1908) in respect of the
following matters, namely:-
(a) summoning and enforcing the attendance of any person and
examining him on oath;
(b) requiring the discovery and production of any document;
(c) reception of evidence on affidavits;
(d) requisitioning any public record from any court or office, and
(e) issuing commission for examination for witnesses.
15. Power to obtain information.- The Government or the
competent authority may, with a view to carrying out the purposes of section
3 or section 6 or section 9 by order require any person to furnish to such
THE HIMACHAL PRADESH REQUISITION OF IMMOVABLE PROPERTY ACT, 1987 11
officer, as may be specified in the order, such information in his possession as
may be specified relating to any property which is requisitioned or intended to
be requisitioned under this Act.
16. Power to enter and inspect.- The competent authority or any
officer, empowered in this behalf by such authority by general or special
order, may enter and inspect any property for the purposes of determining
whether and if so in what manner an order under this Act should be made in
relation to such property or with a view to securing compliance with an order
made under this Act.
17. Service of notice and order.- (1) Subject to the provisions of this
section and any rules that may be made under this Act, every notice or order
issued or made under this Act shall,-
(a) in case of any notice or order of a general nature affecting a
class of persons, be published in the Official Gazette;
(b) in case of any notice or order affecting an individual,
corporation or firm be served in the manner provided for the
service of summons in rule 2 of Order XXIX or rule 3 of
Order XXX, as the case may be, in the First Schedule of the
Code of Civil Procedure, 1908 (5 of 1908); and
(c) in the case or any notice or order affecting an individual
person (not being a corporation or firm) be served on such
person-
(i) by delivering or tendering it to that person; or
(ii) if it cannot be so delivered or tendered, by delivering or
tendering it to any officer or such person or any adult
male member of the family of such person, or by
affixing a copy thereof on the outer door or on some
conspicuous part of the premises in which that person is
known to have last resided or carried on business or
personally worked for gain; or
(iii) failing service by these means, by post.
(2) Where the ownership of the property is in dispute or where the
persons interested in the property are not readily traceable and the notice or
order cannot be served without undue delay; the notice or order may be served
by publishing it in the Official Gazette, and where possible, by affixing a copy
thereof on any conspicuous part of the property to which it relates.
18. Easement not to be disturbed.- No person interested in any pro-
perty requisitioned or acquired under this Act shall, without the previous
written consent of the competent authority or except for the purpose of
affecting repairs or complying with municipal requirement, willfully disturb
any convenience or easement attached to such property or remove, destroy or
render unserviceable anything provided for permanent use therewith or
THE HIMACHAL PRADESH REQUISITION OF IMMOVABLE PROPERTY ACT, 1987 12
discontinue or cause to be discontinued any supply or service provided for the
property.
19. Delegation of powers.- (1) The Government may, by notification
in the Official Gazette, direct that the powers except those under sections 11,
12 and 24 exercisable by it under this Act shall, in such circumstances and
under such conditions, if any, as may be specified in the notification be
exercisable also by an officer subordinate to that Government.
(2) All notifications issued under sub-section (1) shall be laid, as soon
as may be, before the Legislative Assembly.
20. Protection of action taken in good faith.- (1) No suit,
prosecution or other legal proceeding shall lie against any person for anything
which is in good faith done or intended to be done in pursuance of this Act or
any order made thereunder.
(2) No suit or other legal proceeding shall lie against the Government
or the competent authority for any damage caused or likely to be caused by
anything which is in good faith done or intended to be done in pursuance of
this Act or any order made thereunder.
21. Bar of jurisdiction of civil court.- Save as otherwise expressly
provided in this Act, no civil court shall have jurisdiction in respect of any
matter which the competent authority or arbitrator is empowered by or under
this Act to determine, and no injunction shall be granted by any court or other
authority in respect of any action taken or to be taken in pursuance of any
power conferred by or under this Act.
22. Penalty for offences.- Whoever contravenes any provision of this
Act or any rule made thereunder or any order made or direction given under
this Act or obstructs the lawful exercise of any power conferred by or under
this Act shall be punishable with fine which may extend to one thousand
rupees, and when the offence is a continuing one with a further fine which
may extend to fifty rupees for every day after the first during which the
offence continues.
23. Certain persons to be public servants.- The competent
authority, every arbitrator and every officer empowered by the Government or
by the competent authority, while exercising any power or performing any
duty under this Act, shall be deemed to be a public servant within the meaning
of section 21 of the Indian Penal Code 1860 (45 of 1860).
24. Power to make rules.- (1) The Government may, by notification
in the Official Gazette, make rules for carrying out the purposes of this Act.
(2) In particular, and without prejudice to the generality of the
foregoing power, such rules may provide for all or any of the following
matters, namely:- .
(a) the procedure to be followed by the competent authority in
making inquiries under section 3 or section 6;
THE HIMACHAL PRADESH REQUISITION OF IMMOVABLE PROPERTY ACT, 1987 13
(b) the procedure to be followed in arbitration proceedings and
appeals under this Act;
(c) the principles to be followed in determining the amount of
compensation, method of payment and conditions of such
compensation;
(d) the principles to be followed in apportioning the cost of
proceeding before the arbitrator and an appeal under this Act;
(e) the manner of service of notices and orders ;
(f) rent and its recovery; and
(g) any other matter which has to be, or may be prescribed.
(3) Every rule framed under this Act, shall be laid, as soon as may be
after it is made, before the Legislative Assembly, while it is in session for a
total period of not less than fourteen days which may be comprised in one
session or in two or more successive sessions, and if before the expiry of the
session, in which it is so laid or the sessions aforesaid, the Assembly makes
any modification in the rule or decides that the rule should not be made, the
rule shall thereafter have effect only in such modified form or be of no effect,
as the case may be, so, however, that any such modification or annulment
shall be without prejudice to the validity of anything previously done under
that rule.
25. Validation of certain requisitions of immovable properties.-
Notwithstanding anything to the contrary contained in any law for the time
being in force-
(i) any immovable property requisitioned by the competent
authority under the Himachal Pradesh Requisitioning and
Acquisition of Immovable Property Act, 1972 (20 of l973)
(including any property deemed to have been requisitioned
under that Act) which had not been released from such
requisition before the 28th day of July, 1983;
(ii) any immovable-property which purports to have been
requisitioned after the 28th day of July, 1983, by an Officer of
the Government, under the Himachal Pradesh Requisitioning
and Acquisition of Immovable Property Act, 1972 (20 of
1973) and which has not been released from such requisition;
shall, as from the date of such requisition, be deemed to have
been requisitioned by the competent authority under the
provisions of this Act for the purposes for which the said
property was requisitioned or held and all provisions of this
Act shall apply accordingly:
Provided that all agreements for determination and awards for
payment of compensation in respect of any such property for any period of
requisition shall be binding in so far as future compensation is concerned shall
be valid and shall be deemed always to have been valid and shall continue to
THE HIMACHAL PRADESH REQUISITION OF IMMOVABLE PROPERTY ACT, 1987 14
be in force and shall apply to payment of compensation in respect of that
property.
26. Power to recover rent damages in respect of requisitioned
property as arrears of land revenue.- (1) Subject to any rule that may be
made in this behalf by the Government, any sum due by way of rent in respect
of any requisitioned property which is in arrears may be recovered by the
competent authority from the persons liable to pay the same in the same
manner as an arrear of land revenue.
(2) Where any person is in unauthorised occupation of any
requisitioned property, the competent authority may, in the prescribed
manner, assess such damages on account of the use and occupation of the said
property as it thinks fit and may, by notice served by post or in such other
manner, as may be prescribed by rules made in this behalf, order that person
to pay the damages within such time as may be specified in the notice.
(3) If any person refuses or fails to pay the damages within the time
specified in the notice under sub-section (2), damages may be recovered in the
same manner as arrears of land revenue.
27. Repeal and savings.- (1) The Himachal Pradesh Requisition of
Immovable Property Ordinance, 1987 (7 of 1987) is hereby repealed.
(2) Notwithstanding such repeal, anything done or any action taken
under the Ordinance repealed under sub-section (1), shall be deemed to have
been done or taken under the corresponding provisions of this Act as if this
Act had come into force on the day on which such thing was done or action
was taken.
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