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[Cites 0, Cited by 7] [Section 8] [Entire Act]

Union of India - Subsection

Section 8(2) in The Requisitioning And Acquisition Of Immovable Property Act, 1952

(2)[The amount of compensation payable for the requisitioning of any property shall, subject to the provisions of sub-sections (2-A) and (2-B), consist of] [Substituted by Act 2 of 1975, Section 3, for "The amount of compensations payable for the requisitioning of any property shall consist of" (w.e.f. 7.3.1975).]
(a)a recurring payment, in respect of the period of requisition, of a sum equal to the rent which would have been payable for the use and occupation of the property, if it had been taken on lease for that period; and
(b)such sum or sums, if any, as may be found necessary to compensate the person interested for all or any of the following matters, namely:
(i)pecuniary loss due to requisitioning;
(ii)expenses on account of vacating the requisitioned premises;
(iii)expenses on account of reoccupying the premises upon release from requisition; and
(iv)damages (other than normal wear and tear) caused to the property during the period of requisition, including the expenses that may have to be incurred for restoring the property to the condition in which it was at the time of requisition.
[(2-A) The recurring payment, referred to in clause (a) of sub-section (2), in respect of any property shall, unless the property is sooner released from requisition under section 6 or acquired under section 7, be revised in accordance with the provisions of sub-section (2-B)
(a)in a case where such property has been subject to requisition under this Act for the period of five years or a longer period immediately preceding the commencement of the Requisitioning and Acquisition of Immovable Property (Amendment) Act, 1975
(i)first with effect from the date of such commencement, and
(ii)[ secondly with effect from the expiry of five years, and thirdly with effect from the expiry of ten years, from such commencement;]
(b)in a case where such property has been subject to requisition under this Act immediately before such commencement for a period shorter than five years and the maximum period within which such property shall, in accordance with the provisions of sub-section (1-A) of section 6, be released from requisition or acquired, extends beyond five years from such commencement,
(i)first with effect from the date of expiry of five years from the date on which possession of such property has been surrendered or delivered to, or taken by, the competent authority under section 4, and
(ii)[ secondly with effect from the date of expiry of five years, and thirdly with effect from the date of expiry of ten years, from the date on which the revision made under sub-clause (i) takes effect;] [Substituted by Act 35 of 1980, Section 3, for sub-Clause (ii)(w.r.e.f. 7.3.1980).]
(c)[ in any other case, [Substituted by Act 35 of 1980, Section 3, for Clause (c)(w.r.e.f. 7.3.1980).]
(i)first with effect from the date of expiry of five years from the date on which possession of such property has been surrendered or delivered to, or taken by, the competent authority under section 4, and
(ii)[ secondly with effect from the date of expiry of five years, and thirdly with effect from the date of expiry of ten years, from the date on which the revision under sub-clause (i) takes effect.]]
(2-B) The recurring payment in respect of any property shall be revised by re-determining such payment in the manner and in accordance with the principles set out in sub-section (1) read with clause (a) of sub-section (2), as if such property had been requisitioned under this Act on the date with effect from which the revision has to be made under sub-section (2-A).] [Inserted by Act 2 of 1975, Section 3 (w.e.f. 7.3.1975).]