CGI Act 91FChapter IX · A Requisitioning of Tanks Etc.

Section 91F · Power to acquire requisitioned property

(1)

Subject to the provisions of sub-section(3) the State Government may at any time when any requisitioned property continues to be subject to requisition under sub-section (1) of Section 91-B acquire such property by publishing in the Gazette a notice to the effect that the Government has decided to acquire such property in pursuance of this section.

(2)

When a notice as aforesaid is published in the Gazette the requisitioned property shall on and from the beginning of the day on which the notice is so published vest absolutely in the State Government free from all encumbrances and the period of requisition of such property shall end.

(3)

No requisitioned property shall be acquired under the section except in the following circumstances, namely :

(a)

where any canals, water-courses or other works connected with such tank have during the period of requisition been constructed wholly or partly at the expenses of the State Government and the State Government decides that the value of, or the right to use, such canals, water-courses or words should be preserved or secured for the purposes of the State Government or the owner declines to reimburse the State Government the expenditure incurred on the construction of such canals, water- courses or works or any improvement made to the tank; or

(b)

where the cost of restoring the property to its condition at the time of its requisition would, in the determination of the State Government, be excessive, having regard to the value of the property at that time, and the owner declines to accept the release from requisition of the property without payment of further compensation from the State Government.

(4)

Any decision or determination of the State Government under sub-section (3) shall be final, and shall not be called in question in any Court.

(5)

In respect of any acquisition of requisitioned property, the amount of compensation payable shall be ten times the amount of compensation fixed under Section 91-C or a sum equal to the market value of the requisitioned property on the date of notice under sub-section (1), whichever is less; and such amount shall be determined and paid in accordance with the provisions contained in clause (a) or clause (b) of sub-section (1) and sub-section (2) of Section 91-C.

(6)

The payment of compensation under this section to the person who, in the opinion of the State Government or the arbitrator as the case may be, owns or has an interest in the tank acquired shall be a full discharge of the State Government from all liability in respect of such compensation, but shall not prejudice any rights in respect of the said tank to which any other person may be entitled by due process of law to enforce against the person to whom compensation has been paid as aforesaid.Explanation. - For the purposes of clause (a) of sub-section (3) "works" includes any building, construction, improvements of every description and planting of any mechanical contrivance designed to lift water from a tank.

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