LexThe Maharashtra Land Requisition Act.
Maharashtra · state statute
Open in Lexace · Ask the AI about this act1948 : XXXIII] 1
THE MAHARASHTRA LAND REQUISITION ACT
[Text as on 28th March 2025]
_____________
CONTENTS
PREAMBLE.
SECTIONS.
1. Short title.
2. Extent.
3. [Deleted].
4. Definitions.
5. Requisition of land.
6. Requisition of vacant premises.
7. Continuance of requisition.
7A. Continuance of requisition made under the Defence of India Act, 1962.
8. Payment of compensation.
8A1. Power of State Government to call for record.
8A. Landlord’s duty to execute necessary repairs.
8AA. Application of section 499 of Bom. III of 1888 to requisitioned premises.
8B. Appointment of competent authority.
8C. Powers of competent authority to evict.
8D. Appeals against orders of competent authorities.
8E. Allotment of requisitioned land or pr emises deemed to be licence and dues recoverable as
arrears of land revenue.
8F. Bar of jurisdiction.
9. Release from requisition.
9A. Notice to owner of land or premises requisitioned or to be requisiti oned to submit
application for compensation.
9B. Officer to whom, manner in which and time within which application for compensation to
be made.
9C. If application for determination of compensation not made in time compensation to be
determined ex-parte.
10. Powers of inquiry.
11. Power to take possession.
12. Power to obtain information.
13. Publication and service of orders.
14. Power to enter and inspect land.
15. Delegation of functions.
16. Exemption.
17. Protection of action taken under Act.
18. Officers to be deemed public servants.
2 The Maharashtra Land Requisition Act [1948 : XXXIII
19. Power to make rules.
20. Repeal.
20A. Repeal of C. P. and Berar LXIII of 1948 and saving.
20B. Other laws relating to acquisition and requisitioning of property to continue.
21. Validation of requisition orders.
22. Certain order not to be invalid on ground of absence of declaration.
23. Saving.
SCHEDULE
1948 : XXXIII] The Maharashtra Land Requisition Act 3
LIST OF AMENDMENT ACTS
1. Amended by Bom. 2 of 1950
2. Adapted and modified by the Adaptation of Laws Order, 1950.
3. Amended by Bom. 39 of 19501
4. Amended by Bom. 9 of 1951
5. Amended by Bom. 40 of 1951
6. Amended by Bom. 5 of 1952
7. Amended by Bom. 5 of 1953
8. Amended by Bom. 17 of 1955
9. Amended by Bom. 52 of 1955
10. Adapted and modified by the Bombay Adap tation of Laws (State and Concurrent Subjects)
Order, 1956.
11. Amended by Bom. 91 of 1958
12. Amended by Bom. 33 of 1959
13. Adapted and modified by the Maharashtra Adaptation of Laws (State and Concurrent
Subjects) Order, 1960.
14. Amended by Mah. 37 of 1963
15. Amended by Mah. 14 of 1968
16. Amended by Mah. 34 of 1968
17. Amended by Mah. 36 of 1970
18. Amended by Mah. 50 of 1972
19. Amended by Mah. 51 of 1973 (27-12-1973)
20. Amended by Mah. 45 of 1977
21. Amended by Mah. 35 of 1981
22. Amended by Mah. 50 of 19832 (17-11-1983)
23. Amended by Mah. 28 of 1988 (26-12-1988)
24. Amended by Mah. 29 of 1990 (23-10-1990)
25. Amended by Mah. 14 of 19933 (24-12-1992)
1 Section 6 of Bom. 39 of 1950, reads as follows :—
“6. Amendments to have retrospective effect.— The amendments made by this Act shall be deemed to have been
and always have been made with effect from the 26 th January 1950, and all orders for requisition made under sections 5,
6 and 7 of the said Act on or after that date shall be deemed to have been made under the said Act as amended by this
Act, and no such order shall be called into question in any Court merely on the ground that the amendments made by this
Act were not at the date of such order included in the aforesaid provisions under which the said order was made.”.
2 Mah. Ordinance No. XXI of 1983 was repealed by Mah. 50 of 1983, s. 3(1) and sub-section (2) reads as under :—
“(2) Notwithstanding such repeal, anything done or any action taken under the principal Act, as amended by the said
Ordinance, shall be deemed to have been done or taken, as the case may be, under the principal Act, as amended by this
Ordinance.”.
3 Mah. Ordinance No. XV of 1992 was repealed by Mah. 14 of 1993, s. 3(1).
Note.- The date mentioned in the bracket indicates the date of commencement of the Act.
4 The Maharashtra Land Requisition Act [1948 : XXXIII
26. Amended by Mah. 20 of 1993 (10-5-1993)
27. Amended by Mah. 7 of 19951 (22-12-1994)
28. Amended by Mah. 16 of 19972 (7-12-1996)
29. Amended by Mah. 14 of 19983 (26-12-1997)
30. Amended by Mah. 24 of 2012 (22-8-2012)
1 Mah. Ordinance No. XX of 1994 was repealed by Mah. 7 of 1995, s. 3(1).
2 Mah. Ordinance No. XXIII of 1996 was repealed by Mah. 16 of 1997, s. 8(1).
3 Mah. Ordinance No. XX of 1997 was repealed by Mah. 14 of 1998, s. 7(1).
Note.- The date mentioned in the bracket indicates the date of commencement of the Act.
1948 : XXXIII] The Maharashtra Land Requisition Act 5
ACT NO. XXXIII OF 19481
[THE MAHARASHTRA LAND REQUISITION ACT.]2
[This Act received the assent of the Governor General on the 11th April 1948; assent was first
published in the Bombay Government Gazette, Extraordinary, Part IV, on the 11th April 1948.]
An Act to provide for the requisition of land for the continuance of requisition of
land and for certain other purposes.
3WHEREAS it is expedient to provide for the requisition of land for the continuance of
requisition of land and for certain other purposes; It is hereby enacted as follows :—
1. Short title.— This Act may be called the 4[Maharashtra Land Requisition Act].
2. Extent.— (1) This Act shall extend to the areas specified in the Schedule hereto annexed and
shall continue to extend to any such area notwithstanding that the area ceases to be of the description
therein specified.
(2) The 5[State] Government may, by notification in the Official Gazette, extend any or all of the
provisions of this Act to any other area and on such date as may be specified in the notification:
6[Provided that on the commencement of the Bombay Land Requisition (Ext ension and
Amendment) Act, 1959 (Bom. XXXIII of 1959) all the provisions of this Act shall also extend to the
rest of the 7[State of Bombay].
(3) The 8[State] Government may at any time by like notification, direct that any or all of the
provisions of this Act shall cease to extend to any area and on such date as may be specified in the
notification; and on that date the said provisions shall cease to be in force in such area.
3. [Duration.] Deleted by Mah. 51 of 1973, s. 2.
4. Definitions.— In this Act, unless there is anything repugnant to the subject or context—
9[(A1) “competent authority” means an officer appointed as the compe tent authority under
section 8B;]
(1) “land” includes benefits to arise out of land and buildings and all things attached to the
earth or permanently fastened to the buildings or things attached to the earth;
(2) “landlord” means any person who is, for the time being, r eceiving or entitled to receive,
rent in respect 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 rent if the premises were let to a tenant; and
includes any person not being a tenant, who from time to time derives title under a landlord; and
further includes in respect of his sub-tenant a tenant who has sublet any premises;
(3) “premises” means any building or part of a building let or intended to be let separately
including—
(i) the garden, grounds, garages, and out -houses, if any, appurtenant to such building
or part of a building;
1 For Statement of Objects and Reason, see Bombay Government Gazette, 1948, Part V, page 216.
2 This Act was extended to and shall by virtue of such extension be in force in the rest of the State of Bombay ( vide Bom.
33 of 1959, s. 2).
3 The first paragraph and the word “AND” in the second paragraph were deleted by Bom. 33 of 1959, s. 3.
4 Short title “Bombay L and Requisition Act, 1948” was amended as “Maharashtra Land Requisition Act” by Mah. 24 of
2012, s. 2, Sch. entry 32, w.e.f. 1-5-1960.
5 This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950.
6 This proviso was added by Bom. 33 of 1959, s. 4.
7 The words “State of Bombay” shall stand unmodified [ see the Maharashtra Adaptation of Laws (State and Concurrent
Subjects) Order, 1960].
8 This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950.
9 Clause (A1) was inserted by Mah. 35 of 1981, s. 2.
6 The Maharashtra Land Requisition Act [1948 : XXXIII
(ii) any fitting affixed to such building or part of a building for the more beneficial
enjoyment thereof;
but does not include a room or other accommodation in a hotel or lodging house;
(4) “prescribed” means prescribed by rules made under this Act;
(5) “to requisition” means in relation to any land to take possession of the land or to require
the land to be placed at the disposal of the 1[State] Government.
5. Requisition of land. — (1) If in the opinion of the 2[State] Government it is necessary or
expedient so to do, the 3[State] Government may by order in writing requisition any land for 4[any
public purpose]:
Provided that no building or part thereof wherein the owner, the landlord or the tenant, as the case
may be, has actually resided for a continuous period of six months immediately preceding the date of
the order shall be requisitioned under this section.
(2) Where any building or part thereof is to be requisitioned under sub-section (1), the 5[State]
Government shall make such enquiry as it deems fit and make a declaration in the order of requisition
that the owner, the landlord or the tenant, as the case may be, has not actually resided therein for a
continuous period of six months immediately preceding the date of the order and such declaration shall
be conclusive evidence that the owner, landlord or tenant has not so resided.
6. Requisition of vacant premises. — (1) If any premises situate in an area specified by the
6[State] Government by notification in the Official Gazette are vacant on the date of such notification
and wherever any such premises are vacant or become vacant after such date by reason of the landlord,
the tenant, or the sub-tenant, as the case may be , ceasing to occupy the premises or by reason of the
release of the premises from requisition or by reason of the premises being newly erected or
reconstructed or for any other reason, the landlord of such premises shall give intimation thereof in the
prescribed form to an officer authorised in this behalf by the 7[State] Government.
(2) The intimation shall be given 8[by registered post ] within one month of the date of the
notification in the case of premises which are vacant on such date and in other cases within seven days
of the premises becoming vacant or becoming available for occupation.
(3) A landlord shall not, without the permission of the 9[State] Government, let, occupy or permit
to be occupied such premises before giving the intimation and for a period of one month from the date
on which the intimation is received.
(4) Whethe r or not an intimation under sub -section ( 1) is given and notwithstanding anything
contained in section 5, the 10[State] Government may by order in writing—
(a) requisition the premises 11[for 12[any public purpose] and may use or deal with the
premises for any such purpose] in such manner as may appear to it to be expedient; or
13[* * * * * * *]
1 This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950.
2 This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950.
3 This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950.
4 These words were substituted for the words “purpose of the State or any other public purpose” by the Bombay
Adaptation of Laws (State and Concurrent Subjects) Order, 1956.
5 This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950.
6 This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950.
7 This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950.
8 These words were substituted for the words “by post” by Bom. 5 of 1952, s. 3(1).
9 This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950.
10 This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950.
11 This portion was substituted for the words “and may use or deal with the premises” by Bom. 39 of 1950, s. 3.
12 This portion was substituted for the words “the purpose of the State or any other public purpose” by Bombay Adaptation
of Laws (State and Concurrent Subjects) Order 1956.
13 Clause (b) was deleted by Bom. 5 of 1952, s. 3 (2)(i).
1948 : XXXIII] The Maharashtra Land Requisition Act 7
Provided that, where an order is to be made under clause ( a) 1[requisitioning the] premises in
respect of which no intimation is given by the landlord, the 2[State] Government shall make such
inquiry as it deems fit and make a declaration in the order that the premises were vacant or had become
vacant, on or after the date referred to in sub -section ( 1) and such declaration shall be conclusive
evidence that the premises were or had so become vacant.
3[* * * * * * *]
(5) Any landlord who fails to give such intimation within the period specified in sub -section (2)
shall, on conviction, be punishable with imprisonment for a term which may extend to three months or
with fine or with both and any landlord who lets, occupies or permits to be occupied the premises in
contravention of the provisions of sub-section (3), shall, on conviction, be punished with imprisonment
for a term which may extend to one year and shall also be punished with fine.
Explanation.— For the purposes of this section,—
(a) premises which are in the occupation of the landlord, the tenant or the sub -tenant, as the
case may be, shall be deemed to be or become vacant when such landlord ceases to be in
occupation or when such tenant or sub -tenant ceases to be in occupation upon terminati on of his
tenancy, eviction, assignment or transfer in any other manner of his interest in the premises or
otherwise, notwithstanding any instrument or occupation by any other person prior to the date
when such landlord, tenant or sub-tenant so ceases to be in occupation;
(b) premises newly erected or reconstructed shall be deemed to be or become vacant until
they are first occupied after such erection or reconstruction.
7. Continuance of requisition.— (1) Notwithstanding anything contained in the Requisitioned
Land (Continuance of Powers) Act, 1947 (XVII of 1947), the 4[State] Government may, by order in
writing, direct that any land which was continued under requisit ion under the said Act, shall continue
to be subject to requisition under this Act 5[for 6[any public purpose]] when it is released from
requisition under the said Act or ceases to be subject to requisition for any reason ; and the 7[State]
Government may 8[for any such purpose] use or deal with the land so continued to be subject to
requisition in such manner as may appear to it to be expedient.
(2) In respect of the continued subjection of the land to requisition under sub -section ( 1)
compensation shall be determined and paid in accordance with the provisions of this Act a nd of the
rules made thereunder:
Provided that all agreements and awards made in relation to the land in respect of the payment of
compensation for the period before it was continued to be subject to requisition under sub -section (1)
shall continue to be in force and shall apply to the payment of compensation for the period of
requisition under this Act.
9[7A. Continuance of requisition made under the Defence of India Act, 1962. — All
immovable properties, which at the commencement of the Bombay L and Requisition (Amendment)
Act, 1968 (Mah. XIV of 1968) , are subject to requisitioning effected under the Defence of India Act,
1962 (51 of 1962) (hereinafter in this section referred to as “the Defence Act ”) by the State
Government or by any officer or authority to whom the powers of the State Government under the
Defence Act were delegated, shall, immediately on the expiration of the period stated, in the orders of
requisitioning made under t he Defence Act, be deemed to be lands requisitioned under this Act and
1 These words were substituted for the words, brackets and letter “or ( b) requisitioning or requiring to let” by Bo m. 5 of
1952, s. 3 (2)(ii).
2 This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950.
3 The second proviso was deleted by Bom. 5 of 1952, s. 3 (2)(iii).
4 The word “State” was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950.
5 These words were inserted by Bom. 39 of 1950, s. 4.
6 These words were substituted for the words “any purpose of the State or any other public purpose” by the Bombay
Adaptation of Laws (State and Concurrent Subjects) Order, 1956.
7 The word “State” was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950.
8 These words were inserted by Bom. 39 of 1950, s. 4.
9 Section 7A was inserted by Mah. 14 of 1968, s. 2.
8 The Maharashtra Land Requisition Act [1948 : XXXIII
shall continue to be subject to requisitioning as if they were requisitioned under this Act, without
specifying any such period. The State Government may use or deal with any such land for any public
purpose. Any agreement or award made for the payment of compensation in respect of any such
property and in force immediately before the expiration of the said period shall continue to be in force
as if the amount of compensation were determ ined under this Act, and shall apply to the payment of
compensation during the period of requisitioning under this Act. If in respect of any such property no
such agreement or award is in force immediately before the expiration of the said period, the amount of
compensation shall be determined in accordance with the provisions of the Defence Act (including the
rules made thereunder) as if those provisions were for such purpose enacted in this Act and shall
continue to apply to such property; and any agreement or award so made shall apply to the payment of
compensation for the period of requisitioning under the Defence Act, and also under this Act.]
8. Payment of compensation.— (1) When any land is requisitioned or is continued to be subject
to requisition under this Act, there shall be paid subject to the provisions of 1[sections 7 and 7A ,]
compensation to persons having interest in such land the amount of which shall be determined by an
officer authorised in this behalf by the 2[State] Government who shall hold an inquiry in the manner
prescribed. The officer shall determine such amount of compensation as he deems just having regard to
all the circumstances of the case; and in particular he shall be guided by the provisions of sub -section
(1) of section 23 and section 24 of the Land Acquisition Act, 1894 (I of 1894 ), 3[(as in force in the
4[Bombay area of the State of the Maharashtra)]] in so far as they can be made applicable.
(2) Where there are several persons interested in the land, the officer shall dec ide the dispute, if
any, as to the appointment of the amount of compensation or any part thereo f or as to the persons to
whom the same or any part thereof is payable.
(3) An appeal shall lie against the decision of the officer under sub -section (1) or ( 2), except in
cases where the total amount of compensation in respect of the land does no t exceed an amount
prescribed in this behalf by the 5[State] Government,—
(a) in Brihan Mumbai, to the High Court, and
(b) elsewhere, to the District Court.
Such appeal shall be made within a period of sixty days from the date of the decision.
6[Explanation.— For the purposes of this section, the total amount of compensation shall mean in
cases where the amount of compensation is paid in a lump sum, such sum, and in cases where it is paid
periodically, such multiple of the amount of compensation as may be prescribed.]
(4) No further appeal shall lie against any decision in appeal under sub-section (3).
7[8A1. Power of State Government to call for record.— The State Government may,—
(a) in cases in which no appeal lies under sub-section (3) of section 8, or
(b) in cases in which such appeal lies, but has n ot been filed within the period specified in
the said sub-section (3), after the period for filing such appeal has expired, call for the record of
the inquiry or proceedings of the officer, who has given the decision under sub-section (1) and (2)
of the said section 8, for the purpose of satisfying itself as to the legality, propriety or regular ity
of such inquiry or proceeding, and may pass such order thereon as it deems fit. Any order passed
by the State Government under this section shall be final.]
1 This was substituted for the word and figure “section 7” by Mah. 14 of 1968, s. 3.
2 The word “State” was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950.
3 These brackets and words were inserted by Bom. 33 of 1959, s. 5.
4 These words were substituted for the words “pre -Reorganisation State of Bombay, excluding the transferred territories”
by Maharashtra Adaptation of Laws Order, 1960.
5 The word “State” was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950.
6 This Explanation was added by Bom. 2 of 1950, s. 3.
7 Section 8A1 was inserted by Bom. 5 of 1953, s. 3.
1948 : XXXIII] The Maharashtra Land Requisition Act 9
1[8A. Landlord’s duty to execute necessary repairs. — Where any premises are requisitioned
or continued under requisition under this Act, the State Government may, subject to any agreement
entered into by the appropriate Government with the landlord of the premises, whether such premises
are requisitioned or continued under requisition either before or after the coming into force of the
Bombay Land Requisition (Amendment) Act, 1950 (Bom. II of 1950), by order in writing direct him to
execute such repairs as shall in its opinion, be necessary or sufficient to keep the premises in a good
and tenantable condition and as may be specified in the order, within the time mentioned therein. If the
landlord fails to execute such repairs, the State Government may cause such repairs to be executed at
the expense of the landlord and the cost thereof may, without prejudice to any other mode of recovery,
be deducted from the compensation payable to the landlord).]
2[8AA. Application of section 499 of Bom. III of 1888 to requisitioned premises. — Without
prejudice to the powers conferred by section 8A, the provisions of section 499 of the Bombay
Municipal Corporation Act (Bom. III of 1888) shall apply in relation to premises, which are
requisitioned or continued under requisition under this Act, with this modification that the o ccupier for
the purposes of that section shall be the State Government or where the State Government so allows.
shall be the person to whom any such premises are allotted or who is allowed to continue to remain in
occupation or possession thereof, and acco rdingly, the State Government or such person may, in the
circumstances stated in the said section 499, execute the work therein referred to , subject to the
provisions of that section; but for the purposes of rei mbursing itself, or such person, for the reasonable
expenses incurred in executing any such work, the State Government shall be entitled to recover from
the owner the amount of such expenses and may deduct that amount from the compen sation which,
from time to time, becomes due to the owner.]
3[8B. Appointment of competent authority. — The State Government may, by notification in
the Official Gazette, appoint an officer, who is holding or has held an office, which in its opinion is not
lower in rank than that of 4[Section officer] to Government or Tahsildar, to be the competent authority
for the purposes of this Act, in such area, or in respect of such lands or premises or class of lands or
premises in any area, as may b e specified in the notification; and more than one officer may be
appointed as the competent authority in the same area in respect of different lands or premises or
different classes of lands and premises.
8C. Powers of competent authority to evict.— (1) If the competent authority after holding such
inquiry as he deems fit is satisfied—
(a) that a Government allottee or any other person authorised or permitted to occupy or for
the time being occupying any land or premises requisitioned or continued under requisition under
this Act has, whether before or after the commencement of the Bombay Land Requisition and
Bombay Government Premises (Eviction) (Amendment) Act, 1980 (Mah. XXXV of 1981),—
(i) not paid the monthly compensation due from him in respect of such land or
premises for a period of more than two months;
(ii) sub-let, the whole or any part of such land or premises without the permission of
the State Government or the competent authority;
(iii) committed, or is committing any acts, which are in contravention of the terms and
conditions, express or implied, under which he is authorised t o occupy such land or
premises; or
(iv) been in unauthorised occupation of such land or premises; or
(b) that any other person is in unauthorised occupation of such land or premises; or
(c) that such land or premises are to be released from requisition.
1 Section 8A was inserted by Bom. 2 of 1950, s. 4.
2 Section 8AA was inserted by Bom. 91 of 1958, s. 3.
3 Section 8B to 8F were substituted for section 8B by Mah. 35 of 1981, s. 3.
4 These words were substituted for the words “Assistant Secretary” by Mah. 20 of 1993, s. 2.
10 The Maharashtra Land Requisition Act [1948 : XXXIII
Then the competent auth ority may, notwithstanding anything contained in any law for the time
being in force, by order in writing direct the person to whom such land or premises are allotted or the
person who is authorised or permitted to occupy them or any other person for the t ime being in
occupation of such land or premises to vacate the same, within one month of the date of the service of
the order and to deliver possession thereof to the competent authority or any officer designated by him
in this behalf. Such order shall be served on the persons concerned in the manner provided in section 13.
(2) (a) Before an order under sub-section (1) is made against any person, the competent authority
shall issue in the manner hereinafter provided a notice in writing calling upon all persons concerned to
show cause why an order of eviction should not be made.
(b) The notice shall—
(i) specify the ground on which the order of eviction is proposed to be made.
(ii) require all persons concerned, that is to say, all persons who are, or may be , in
occupation of, or claim to be authorised to occupy, such land or premises , to show cause, if
any, against the proposed order, on or before such date as may be specified in the notice.
(iii) be served by registered post, or personally, by delivering or tendering the notice to
him or to some adult member of his family or by affixing an authentic copy of the notice to
some conspicuous part of the land or premises to which it pertains, and thereupon the notice
shall be deemed to have been duly given to and served on all persons concerned.
(3) Any written-statement submitted by any person and any documents produced by any person in
pursuance of the notice shall be filed with the record of the case and such persons shall be entitled to
appear before the competent authority in this connection by an advocate, attorney or pleader.
(4) For the purposes of holding an inquiry for making any order under sub -section ( 1) the
competent authority shall have the same powers as are conferred on the authorised officer under
section 10.
8D. Appeals against orders of competent authority. — (1) An appeal shall lie to the State
Government from every order of eviction made by the competent authority under section 8C.
(2) An appeal under sub -section ( 1) shall be preferred within thirty days from the date of the
service of the order made under sub-section (1) of section 8C:
Provided that, the State Government may entertai n 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.
(3) Where an appeal is preferred from the order of the competent authority, the State G overnment
may stay the enforcement of that order for such period and on such conditions as it may deem fit to
specify.
(4) Every order made by a competent authority under section 8C, subject to an appeal to the State
Government, and every order made by the State Government, on such appeal, shall be final and
conclusive.
8E. Allotment requisitioned land or premises deemed to be a licence and dues recoverable
as arrears of land revenue. — (1) The allotment of any land or premises requisitioned or continued
under requisition under this Act by the State Government to any person or the continuance of any
person or the permission to any person to continue to remain in occupation or possession of such land
or premises shall be deemed to be a licence in favour of such person for the use and occupation of such
land or premises.
(2) If any person to whom such land or premises are allotted by the State Government fails to pay
to the State Government any sum which he is liable to pay under the terms and conditions, subject to
which such land or premises are allotted to him, or if any person who continues or is permitted to
continue to remain in occupation or possession of such land or premises fails to pay any amount of
compensation, which the State Government deter mines as the amount payable by him for such
occupation or possession, then any such sum or amount due, whether before or after the
1948 : XXXIII] The Maharashtra Land Requisition Act 11
commencement of the Bombay Land Requi sition and Bombay Government Premises (Eviction)
(Amendment) Act , 1980 (Mah. XXXV of 198 1), shall without prejudice to any other mode of
recovery, be recovered from him or any person for the time being in occupation or possession of such
land or premises as an arrear of land revenue.
8F. Bar of Jurisdiction.— No Court shall have jurisdiction to entertain any suit or proceeding in
respect of eviction of any person from any land or premises requisitioned or continued under
requisition under this Act on any of the grounds specified in section 8C or the recovery of any sum or
other dues payable for the use or occupation of such land or premises.]
9. Release from requisition. — (1) The 1[State] 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 years] 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 years] 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.]
(2) (a) Upon such release 5[under sub-section (1) or sub-section (1A)] the land shall be restored as
far as possible in the same condition in which it was on the date on which the 6[State] Government was
put in possession thereof, and the 7[State] 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[State] Government took possession thereof and in
respect of which compensation has been paid.
(b) The officer authorised in this behalf by the 9[State] Government shall determine such
amount of compensation as he deems just and his decision, subject to an appeal to the 10[State]
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[State] 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 sub -
section (1) shall be a full discharge of the 12[State] 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]
1 The word “State” was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950.
2 Sub-section (1A) was inserted by Mah. 51 of 1973, s. 3 (a).
3 These words were substituted for the words “twenty-one years” by Mah. 7 of 1995, s. 2.
4 These words were substituted for the words “twenty-one years” by Mah. 7 of 1995, s. 2.
5 These words, brackets, figures and letter were inserted by Mah. 51 of 1973, s. 3 (b).
6 The word “State” was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950.
7 The word “State” was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950.
8 The word “State” was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950.
9 The word “State” was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950.
10 The word “State” was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950.
11 The word “State” was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950.
12 The word “State” was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950.
13 The word “State” was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950.
12 The Maharashtra Land Requisition Act [1948 : XXXIII
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 1[State]
Government shall not be liable for any compensation or other claim in respect of the l and for any
period after the said date.
(7) For the purpose of releasing any land from requisition the 2[State] Government may, by order,
direct the person to whom the 3[State] Government had given possession of such land and other person,
if any, in occup ation of such land to deliver possession thereof to the officer authorised in this behalf
by the 4[State] Government.
5[(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 6[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 prov isions 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 a ny 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 Prem ises (Eviction) (Amendment) Act, 1996 (Mah. XVI of 1997) 7[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) 8[such person or his legal heir is in occupation or possession of such premises for his or
such legal heir’s own residence, means such person or legal heir.]
9[9A. Notice to owner of land or premises requisitioned or submit application for
compensation.— The State Government shall, at the time of requisitioning or thereafter, by notice in
writing published or served, as the case may be, in the manner pr ovided in section 13 for the
publication or service of the orders therein mentioned, require the owner of the land or landlord of the
premises requisitioned, or to be requisitioned, to submit within the time specified in section 9B, his
claim for compensation in respect of such land or premises.
1 The word “State” was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950.
2 The word “State” was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950.
3 The word “State” was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950.
4 The word “State” was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950.
5 Sub-section (8) was added by Mah. 16 of 1997, s. 5.
6 These words shall be deemed to have been substituted from the 7th December 1996 by Mah. 14 of 1998, s. 4 (a).
7 These words shall be deemed to have been substituted form the 7th December 1996 by Mah. 14 of 1998, s. 4 (b)(i).
8 These words shall be deemed to have been substituted form the 7th December 1996 by Mah. 14 of 1998, s. 4 (b)(ii).
9 Sections 9A, 9B and 9C were inserted by Bom. 52 of 1955, s. 3.
1948 : XXXIII] The Maharashtra Land Requisition Act 13
9B. Officer to whom, manner in which and time within which application for compensation
to be made.— (1) Every application for the determination or payment of compensation shall be made
to the officer authorised to determine compensation under section 8, in such manner and in such form,
and accompanied by such information, as may be prescribed.
(2) Such application shall,—
(a) in the case of a claim for compensation under sub -section ( 1) of section 8 be made
within three months from the date on which the notice under section 9A is published or served, as
the case may be;
(b) in the case of arrears of compensation, where an order determining compensation directs
that the amount of compensation shall be paid at a future date or in instalments or periodically, be
made within three months fr om the date on which the amount, instalment or periodical payment,
as the case may be, becomes so payable;
(c) in the case of claim for compensation under clause ( a) of su b-section ( 2) 1[and
sub-section (8)] of section 9, be made within three months from the date on which possession was
delivered under the said section.
(3) The provisions of sections 4 and 5, and of sub -section ( 1) of section 12 , of the 2Indian
Limitation Act, 1908 (IX of 1908) shall mutatis mutandis apply in relation to applications for
determination or payment of compensation under this Act, as they apply in relation to applications
described in the First Schedule to that Act.
9C. If application for determination of compensation not made in time compensation to be
determined ex-parte.— If an application for compensation under clause ( a) of sub -section ( 2) of
section 9B is not made within the time therein mentioned, the officer may proceed to determine
ex-parte the amount of compensation and apportionment thereof, and such determination and
apportionment shall, subject to the provisions of sub -section ( 3) of section 8 and of section 8A1, be
binding on the owner or landlord:
Provided that, if the owner or landlord, within thirty days of the date of the decision of the officer,
shows to the satisfaction of the officer that the notice was not duly published or served or that he was
prevented by sufficient cause from making his claim in time, the officer shall cancel his decision and
proceed to determine the compensation and apportionment thereof after taking into consideration any
claim made by the owner or landlord.]
10. Powers of inquiry.— For the purposes of holding an inquiry under section 8 the authorised
officer shall have the same powers as are vested in civil courts in respect of—
(a) proof of facts by affidavits,
(b) summoning and enforcing the attendance of any person and examining him on oath,
(c) compelling the production of documents, and
(d) issuing commissions for the examination of witnesses.
11. Power to take possession. — (1) Any officer authorised in this behalf by the 3[State]
Government by a general or special order may take possession of any land in respect of which an order
has been made under section 5 or 6 4[or sub-section (1) of section 8C] or sub -section (7) of section 9
and may take or cause to be taken such steps and use or cause to be used such force as may in the
opinion of such officer, be reasonably necessary for taking possession of such land.
1 These words, brackets and figures were inserted by Mah. 16 of 1997, s. 6.
2 See now the Limitation Act, 1963 (36 of 1963).
3 The word “State” was substituted for word “Provincial” by the Adaptation of Laws Order, 1950.
4 These words, brackets, figures a nd letters were substituted for the words, brackets, figures and letter “or sub -section (1)
of section 8B” by Mah. 35 of 1981, s. 4.
14 The Maharashtra Land Requisition Act [1948 : XXXIII
(2) The 1[State] Government may, after giving 15 clear days’ notice to the person from whom
possession of the land has been taken under sub -section (1) remove or cause to be removed or dispose
of by public auction any property remaining on such land.
(3) Where property is sold under sub -section ( 2), the sale proceeds shall after dExcerpt shown. Open the full act in Lexace.