Th eParliament of India has passed Immovable Property (Amendment) Bill by a voice vote.
The bill was moved by Urban Development Minister Hardeep Singh Puri for 12th amendment for limited and specific purpose.
What is the amendment?
Re-issue of notice
The bill demands that the owner of the property must be issued a notification about the acquisition of the property and a chance should be given to him/her to be heard. During hearing, the owner has to provide proper reason for why his property should not be aquired. The government can re-issue the notice to the owner to given them an opportunity to be heard. This would be irrespective of any past court orders or judgments setting aside any past notices for acquisition. However, the re-issue of notice will not apply to cases where the compensation has already been awarded and accepted by the claimants.
Interest Payable
If the notice has been re-issued, the owner of the property is entitled to an interest on the compensation payable to him/her. The interest will be calculated for the period from when the first notice was issued till the date of the final payment of compensation. This interest will be the same as the annual rate of interest, prevalent at any relevant time, on the domestic fixed deposit offered by the State Bank of India.
Enhanced compensation:
The Bill provides that such enhanced compensation will be awarded only if:
(i) the acquisition notice has been re-issued
(ii) the land is being acquired for the purpose of national security and defence
Requisitioning and Acquisition of Immovable Property Act, 1952
The Act provides for the central government to requisition immovable property (or land) for any public purpose such as defence, central government offices and residences. After the purpose is fulfilled, the property must be returned back to the owner in as good a condition as when the possession was taken.
The central government may acquire such requisitioned property in two cases which are:
(i) if the central government has constructed any work at such property, and the right to use such work must be with the government
(ii) if the cost of restoring the property to the original condition would be excessive, and the owner refuses to accept the property without being compensated for restoring the property.
Expected Questions
According to Immovable Property Amendment Bill 2017, enhanced compensation will be awarded only if
a. the acquisition notice has been re-issued
b. the land is being acquired for the purpose of national security and defence
c. a and b both
d. no enhanced compensation is paid
Requisitioning and Acquisition of Immovable Property Act was passed in
a. 1954
b. 1958
c. 1952
d. 1956
