Section 9 in Maharashtra Land Requisition Act, 1948
9. Release from requisition.
(1)The [State] [This word was substituted for the word 'Provincial' by the Adaptation of Laws Order, 1950.] Government may, at any time, release from requisition any land requisitioned or continued to be subject to requisition under this Act.(1A)[] [Sub-section 1(A) was inserted by Maharashtra 51 of 1973, section 3(a).] Notwithstanding, anything contained in sub-section (1), the State Government shall release from requisition,-(a)any land requisitioned or continued to be subject to requisition under this Act before the commencement of the Bombay Land Requisition (Amendment) Act, 1973, on or before the expiry of a period of [twenty-one years] [These words were substituted for the words 'nineteen years' by Maharashtra 14 of 1993, section 2.] from such commencement;(b)any land requisitioned under this Act after such commencement, on or before the expiry of a period of [twenty-one years] [These words were substituted for the words 'nineteen years' by Maharashtra 14 of 1993, section 2.] from the date on which possession of such land was surrendered or delivered to, or taken by, the State Government or any officer authorised or empowered by the State Government.(2)(a)Upon a such release [under sub-section (1) or sub-section (1A)] [These words, brackets, figures and letter were inserted by Maharashtra 51 of 1973, section 3(b).] the land shall be restored as far as possible in the same condition in which it was on the date on which the [State] [This word was substituted for the word 'Provincial' by the Adaptation of Laws Order, 1950.] Government was put in possession thereof, and the [State] [This word was substituted for the word 'Provincial' by the Adaptation of Laws Order, 1950.] Government shall pay compensation for deterioration, of any, caused to the land otherwise than by reasonable wear and tear or irresistible force:Provided that nothing in this sub-section shall apply to any structures, trees or crops standing on the land on the date on which the [State] [This word was substituted for the word 'Provincial' by the Adaptation of Laws Order, 1950.] Government took possession thereof and in respect of which compensation has been paid.(b)The Officer authorised in this behalf by the [State] [This word was substituted for the word 'Provincial' by the Adaptation of Laws Order, 1950.] Government shall determine such amount of compensation as he deems just and his decision, subject to an appeal to the [State] [This word was substituted for the word 'Provincial' by the Adaptation of Laws Order, 1950.] Government, shall be final. Such appeal shall be made with in a period of thirty days from the date of the decision.(3)When any land is to be released from requisition, the [State] [This word was substituted for the word 'Provincial' by the Adaptation of Laws Order, 1950.] Government may, after making such inquiry, if any, as it deems fit, specify by order in writing the person to whom possession of the land shall be given.(4)The delivery of possession of the land to the person specified in an order made under sub-section (1) shall be a full discharge of the [State] [This word was substituted for the word 'Provincial' by the Adaptation of Laws Order, 1950.] Government from all liability in respect of such delivery but shall not prejudice any rights in respect of the land which any other person may be entitled by due process of law to enforce against the person to whom possession of the land is so delivered.(5)When the person to whom possession of any requisitioned land is to be given cannot be found and has no agent or other person empowered to accept delivery on his behalf the [State] [This word was substituted for the word 'Provincial' by the Adaptation of Laws Order, 1950.] Government shall cause a notice declaring that the land is released from requisition to be affixed on some conspicuous part of the land and shall publish the notice in the Official Gazette.(6)When a notice referred to in sub-section (5) is published in the Official Gazette the land specified in such notice shall cease to be subject to requisition on and from the date of such publication and be deemed to have been delivered to the person entitled to possession thereof; and the [State] [This word was substituted for the word 'Provincial' by the Adaptation of Laws Order, 1950.] Government shall not be liable for any compensation or other claim in respect of the land for any period after the said date.(7)For the purpose of releasing any land from requisition the [State] [This word was substituted for the word 'Provincial' by the Adaptation of Laws Order, 1950.] Government may, by order direct the person to whom the [State] [This word was substituted for the word 'Provincial' by the Adaptation of Laws Order, 1950.] Government had given possession of such land and other person, if any, occupation of such land to deliver possession thereof to the officer authorised in this behalf by the [State] [This word was substituted for the word 'Provincial' by the Adaptation of Laws Order, 1950.] Government.(8)[] [Sub-section (8) was added by Maharashtra 16 of 1997, section 5.] On the date of coming into force of the Bombay Rents, Hotel and Lodging House Rates Control, Bombay Land Requisition and Bombay Government Premises (Eviction) (Amendment) Act, 1996 (Maharashtra XVI of 1997), all the premises requisitioned or continued under requisition under this Act and allotted to Government allottee who, on the said date [were in occupation or possession of such premises] [These words were substituted by Maharashtra 14 of 1998, section 4(a) (w.e.f. 7-12-1996).], shall be deemed to have been released from requisition, and in respect of such premises the State Government or, as the case may be, the Government allottees referred to in clause (b) of the Explanation, shall become the tenants by virtue of the provisions of section 15B of the Bombay Rents, Hotel and Lodging Houses Rates Control Act, 1947 (Bombay LVII of 1947); and the compensation, if any, due in respect of such premises shall be determined and paid to the persons entitled thereto as if such premises were actually released under this section.Explanation.- For the purposes of this sub-section, the expression "Government allottee"-(a)in relation to any premises requisitioned or continued under requisition which are allotted by the State Government for any non-residential purpose to any department or office of the State Government or Central Government or any public section undertaking or corporation owned or controlled fully or partly by the State Government or any co-operative society registered under the Maharashtra Co-operative Societies Act, 1960 (Maharashtra XXIV of 1961), or any foreign consulate, by whatever name called, and on the date of coming into force of the Bombay Rents, Hotel and Lodging House Rates Control, Bombay Land Requisition and Bombay Government Premises (Eviction) (Amendment) Act, 1996 (Maharashtra XVI of 1997), [are in their occupation or possession] [These words were substituted by Maharashtra 14 of 1998 section 4(b)(i), (w.e.f. 7-12-1996).], means the principal officer-in-charge of such office or department or public sector undertaking or corporation or society or consulate; and(b)in relation to any premises requisitioned or continued under requisition which are allotted by the State Government for residential purpose to any person, and, on the date of coming into force of the Bombay Rents, Hotel and Lodging House Rates Control, Bombay Land Requisition and Bombay Government Premises (Eviction) (Amendment) Act, 1996 (Maharashtra XVI of 1997), [such person or his legal heir is in occupation or possession of such premises for his or such legal heir's own residence] [These words were substituted by Maharashtra 14 of 1998 section 4(b)(ii), (w.e.f. 7-12-1996).], means such person or legal heir.]
