 oorrigenda to t lis requisit ionil,{g and acquisit ion of iillltovabm property (amel~dl\fent) bill, 1968 (~p be/as intro~~c~_~ ~~sabha)1 - page 2, line 30,-ior "government " ~ "government, it -2 page 5, line 19,-for " the r6 of" read " therefor" page 6, line 4,-fq~  d fficul ttl ~ " d iff icul ttl page 6, line 9,-'+:0_;: " propert es" read -" properties" 5 on docket page, last line,-!91: it audit read " and" -new delhi;  the requisitioning and acquisition of immovable property (amendment) bill, 1968a bill furthet to amend the requisitioning and acquisition of immov~bze property act, 1952 bz it enacted by parliament in the nineteenth year of the republic of india as follows:-1 this act may be called the requisitioning and acquisition of short  immovable property (amendment) act, 1968 title s i in section 8 of the requisitioning and acquisition of immova- ~­ble property act, 1952 (hereinafter referred to as the principal act), ~c: for lub-lection (3), the following sub-section shall be substituted, s namely:-"(3) the compells8tion payable for the acquisition of ad7 10 property udder iectio~ 'i 5h11 " the pri~ whic:h the requisi doned property would have fetched in the oped market, if it bad remained in the same condition as it was at the time of requisitioning and been sold on the date of acquisition" 3 in the principal act, after section 24, the fol1owin~ section shall be inserted and shall be deemed to have been inserted with effect on 5 and from the 10th day of january, 1968, namely:-insertion of new section 25 special provision as to certain requisitions under act 11 of 1882 "25 (1) notwithstanding anything contained in th;~ ad any immovable property requisitioned by the central govemmflnt or by any officer or authority to whom powen in this beh,i' h1'lve been delegated by that govemment, under the defence of india 10 act, 1962, and the rules made thereunder (includin~ anv immovable properiy deemed to have been requisitioned under the said ad) which has not been released from such requisition bef'lre the 10th 'anuary, 1968, shan, as from that date, be deemefl to have been requisitioned by the competent authority u1lder the is provisions of this ad for the purpose for which such prolterty was held immediately before the said date and all the provisions of this ad shall apply aecordingly: provided that-,  (ti) all determmaticms, rlffeemats and awards for the 20 payment of compensatiojj in respect of any such property for any period of requiattm before the said date and in force ldwa~teb: ~f~, the said date, shall eontill1le to 11, ~ force 8ii1ii shalt :q"'~ to t~ pa~t of eompensatioa tia respect of that prvpe;ty for any period of requlsition after 2s tiae  date; (b) ~ __ or uy aetioa", <r  cany ord8n, doe  or raj made or  ) by tile ctatrl govel'dmellt or by any otbcer or authority to whom powers ill this behalf have been de1eaated ,, that g~ ;11 30 ,edreise of the powers conferred by or under chapter vi· of the defenee of illcha ad, 1m2, ~han, 111 so far al it is itot inconsistent with the ptovisicms of this act, 'be deemed tot ~vft, ~ ~ or taken in t~ eser" of the jft)wers eon-~~,by 9r,~4t;r,thls aets if t"sedioa~~,'  ee od_~s the dat 011 whlda neh thmg was dcme or actlon wu tau s (2) save as otherwise provided in sub-section (1), the proviiions of the defence of india act, 1962, and the rules maae thereunder, in so far as those provisions relate to the requisitioning of any such immov~ble property as is referred to in sub-seetion (1), shall as from the l()th january, 1968, cease to operate except as respects things done or omitted to be done ~efore such eeaser and section 6 of the general clauses act, 1897, shall apply upon such cesser of operation as if such cesser were a repe81 'of an enactment by a central act" , '  statement of objects and reasonsthe defence of india act, 1962 will expire on the 10th july, 1968, that is, six months from the date of revocation of the proclamation of emergency a large number of immovable properties have been requisitioned under the defence of india act, 1962 the colt of acquisition of these properties will be prohibitive on many of these requisitioned lands valuable structures have been put up in the majority of the cases it has not been possible to vacate the landa and hand them over to the owners it is, therefore, considered ne«:e&-aary that the properties requisitioned under the act should continue to be subject to requisition even after the expiry of the act for this purpose it is proposed to amend the requisitioning and acquisition of immovable property act, 1952, by adding a provision somewhat on the lines of section 24(2) of that act to provide that all property requisitioned under the defence of india act, 1962, shall from the date of revocation of the proclamation of emergency be deemed to be property requisitioned under the 1952 act in other words, though in fact the requisitioning of these properties was made under the defence of india act, it shan be deemed to have been made under section 3 of the requisitioning and acquisition of immovable property act, 1952 and all the provisions of the latter act shall applj accordingly _ "_! 2 opportunity is taken to omit clause (b) of sub-aection (3) of section 8 of the 1952 act as the same has been struck down by the supreme court as violative of article 31 (2) of the constitution 3 the bill seeks to achieve the above objects naw dam; jaganath rao the 30th april, 1968  president's recommendation under article 117 of the constitution of india in respect of the requisitioning and acquisition of immovable property (amendment) bill, 1963[copli o/letter no 19012(1)/66-pol dated the 4th may, 1968 from bardar iqbal singh, deputy minister in the minibtry oj worm, housing and suppzy to the secretary, lok sabha] the president having been informed about the subject matter of ~ bill, has recommended to the house the consideration of the bill under article 117 (3) of the constitution section' 8 of the requisitioning and acquisition of immovable f'ropel1;y act, 1952 (30 of 1952) ,lays down the principles and meth0d8 of determining compensation for property requisitioned or acquire4 under the act sub-section (3) of section 8 of the act indicates two methods for the determination of compensation payable for any property acquired under section 7 of the act in view of the supreme court judgment in the union of india vs kamalbhai harjiwandu parekh" others (1967 supreme court notes, p 301) striking down clause (b) of sub-section (3) of section 8 as violative of art 31(2) of the constitution of india, compensation will now have to be determlined only by one method as provided for in clause (4) of 1ublection (3) of section 8 of the act the amendment of section 8 b1 clause 2 of the bill therefore might involve some additional expen· diture from the consolidated fund of india but the amount of extra expenditure involved, if any, cannot be determined having regard to the fact that it is not possible to visualise at this stage which property will be acquired and what compensation will be payable thereof under the act 2 clause 3 of the bill seeks to insert a new section in the requisitioning and acquisition of immovable property act, 1952 u the bill is passed into law, the properties requisitioned under the defence of india act shall from the 10th january, 1968 be deemed to be properties requ':iiltio,jned under the 1952 act the recurring compensation which will be payable in respect of the properties in question during the period they are subject to requisition as a result of the enactment of the bill will be practically the same as would have been payable if the properties had continued to remain under requisition under the defence of india ac:, 1962 and the rules made thereunder as the number of such requisitioned properties will naturally vary from time to time and will stead ly show a downward trend, it is extremely difficult to give an estimate of the amount of compensation that will be payable from year to year in the future at the present moment, it is estimated that annual rental compensation for the said properties would be approximatelv ro: 125 lakh! < - s a and when the laid requisitioned properties required to be re~ tamed on a long term basis are acquired, the acquisition compensa-uoa therefor would be paid on the basis of open market value as provided for by ~0il a of the 19~2 act j~ is again d:fticult to estimate how many of the said requisitioned properties will ~~~ a~~ ,~d ~o~ m~ch non-recurring expenditure will ,} jte~~~atme:;:a:::~ ~h~ =lt~~f~~~~~u!~ti:~  '~~o~~[~ wm be approxtmatety lts m &ores \, ',' ~ •• ' - ·1 i i j 1    '  - - (30 of 1952) - - - - - 8 - - - - •• prine!-(1) the ccrnpenc;~tirm payable for the acquisition of any property :~:d under section 7 shall beof dpterrnidinl compensrtion (a) the price whll:'h the requisitioned property would have fetcher! in the open market, if it had remained in the samt! condition as it was at the time of requisitioning and been sold on the datto of acquisition, or (h) twice the price which the requisitioned property would have fetched in the open market if it had been sold od the date of requisition, whichever is less  - - - - - a bill further to amend the requisitioning and acquisition of immovable property act, 1952 (shrl jagantlth rao, m;";i' of wor!f, bouii", awl supply) 