Section 23 in Jammu and Kashmir Requisitioning and Acquisition of Immovable Property Act, 1968
23. Validation of certain requisitions and acquisitions.
(1)All immovable property which purports to have been requisitioned by the Government for any purpose of the State or of the Union under any law in force prior in the commencement of this Act, and which immediately before such commencement was used or occupied by the State Government or by the Union Government or by an officer or authority subordinate to the State Government as the case may be, shall, as from the commencement of this Act, be deemed to be property duly requisitioned respectively, under section 3 or section 21 of this Act, and every such requisition shall, not withstanding any judgement, decree or order of any court, be deemed always to have been valid as if this Act had been in force on and from the date of the requisition and the requisition had been duly made under this Act, and all the provisions of this Act shall apply accordingly:Provided that all agreements and awards for the payment of compensation in respect of any such property for any period of the requisition before the commencement of this Act and in force immediately before such commencement shall be valid and shall be deemed always to have been valid and shall continue to be in force and shall apply to the payment of compensation in respect of that property for any period of requisition after such commencement :[Provided further that where the Government is of the opinion that the rates of compensation, in respect of any property requisitioned before the commencement of this Act, are very low compared to the existing market rates, the Government may enhance the rate of compensation prospectively in accordance with the provisions of this Act and rules made thereunder.] [Second proviso added by Act XIV of 1969.](2)Every acquisition of immovable property purporting to have been made before the commencement of this Act by the Government for any public purpose, under any enactment for the time being in force in the State and which, immediately before such commencement, was used for occupied by the State Government or the Union Government or by an officer or authority subordinate to the State Government, or the Union Government, as the case may be, shall, notwithstanding any defect in the invalidity of, the enactment or order under which the acquisition was made, be deemed for all purposes to have been validly made as if the provisions of the said enactment or order had been included and enacted in this section and this section had been in force on and from on and from the date of the acquisition.
