Section 5: Power to acquire requisioned land. __(1) Subject to the provisions of sub-section (3), the

5. Power to acquire requisioned land. __(1) Subject to the provisions of sub-section (3), the appropriate Government may, at any time when any requisitioned land continues to be subject to requisition under section 3, acquire such land by publishing in the officia l Gazette a notice to the effect that such Government has decided to acquire such land in pursuance of this section. (2) When a notice as aforesaid is published in the official Gazette, the requisitioned land shall, on and from the beginning of the day on which the notice is so published, vest absolutely in the appropriate Government free from all encumbrances and the period of requisition of such land shall end. (3) No requisitioned land shall be acquired under this section except in the following circumstances, namely:___ (a) where any works have during the period of requisition been constructed on, in or over the land wholly or partly at the expense of Government and the appropriate Government decides that the value of, or t he right to use, such works should be preserved or secured for the purposes of Government; or (b) where the cost of restoring the land to its condition at the time of its requisition would, in the determination of the appropriate Government, be excessive having regard to the value of the land at that time and the owner declines to accept the release from requisition of the land without payment of compensation from Government. (4) Any decision or determination of the appropriate Government under sub-section (3) shall be final and shall not be called in question in any court. (5) For the purposes of clause (a) of sub-section (3), “works” includes buildings, structures and improvements of every description.

Effective date: 1969-01-01

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