Govt amends Act for acquiring land for defence, security: Changes explained

The Bill amends the Requisitioning and Acquisition of Immovable Property Act, 1952

The Requisitioning and Acquisition of Immovable Property (Amendment) Bill, 2017, was passed by the Rajya Sabha on Wednesday. The Bill amends the regulations governing the compensation that has to be paid for the acquisition of an immovable property by the Government of India for purposes related to defence and security.  

The Bill -- which amends the Requisitioning and Acquisition of Immovable Property Act, 1952 -- was introduced on July 18, 2017, in the Lok Sabha. It was passed by the Lok Sabha on December 20, 2017. It had been listed under the legislative agenda of the Parliament's monsoon session 2018.    

Everything you need to know about the 1952 Act and the most recent amendment made to it: 

1) What does the 1952 Act allow the government to do?

According to PRS Legislative Research, the Act allows for the following: 

a) The central government can requisition an immovable property or land for any public purpose.  

b) Provided that such public purpose is a purpose of the central government, such as defence, central government offices and residences.

c) The property has to be returned to its owner, in as good a condition as when possession was taken, after the purpose for which the property was requisitioned is completed. 

d) However, the government can acquire the property in two cases: 

• If the government has constructed any work at such property, and the right to use such work must be with the government
• If the cost of restoring the property to its original condition is excessive and the owner has refused to accept the property without being compensated for restoring it 

2) What does the latest amendment do?

a) The Bill amends a provision of the Act, thereby allowing the Centre to re-issue the notice of acquisition to ensure that the property owner gets an opportunity to be heard.   

b) The property owner will also be entitled to interest on the compensation payable to him or her in cases where a notice has been re-issued. 

c) Enhanced compensation will be awarded only when the notice of acquisition has been re-issued by the government and the property is being acquired by it for national security and defence purposes.

3) Key facts:

a) This is the 12th amendment and it has been brought for a limited purpose.

b) The amendment Bill is applicable retrospectively and is deemed to have come into force on March 14, 1952.

c) The Requisitioning and Acquisition of Immovable Property (Amendment) Bill, 2017, was adopted by a voice vote in the Rajya Sabha.