Property stands out tobe one of the main assets accomplished by any person in his lifetime.
Properties are generally transferred to generations being followed. The sameproperty can be acquired by the government in some cases for the sole purposeof development of the country and strengthening the defence and securityprovisions of the country. As the property is an immovable commodity thecompensation of the same is a question of great interest, especially in case ofthe property being a home to a family or the property being the source ofearning a livelihood. The major ACT issued in order to provide the owners with reliefand facilities for the benefit of both the government and the owner was passedin 1952 under the name Requisition and Acquisition of Immovable Property Act.
The ACT was originallyissued in order to protect the interests of the landlords and the government,post-independence when the distribution of land was not proportional and thelandlords suffered huge losses due to the circumstantial changes in theformation of a new nation and the shifting of power under the newly establisheddemocracy. To monitor the powers of the government and also safeguard therights of the people who own certain piece of property, which were beingharassed by the government officials for personal interests the act ofAcquisition and Requisition of Immovable Property was passed building a set ofrules and limits to be followed in order to acquire some property and alsoprovide a fair and just compensation to the owner to minimise the loss.According to theoriginal passed ACT, Section 3 of the Act deals with the power to requisitionimmovable property, whereas the section 7 covers the power to acquire therequisitioned property.
Section8 and 9 deals with the principles and methods ofcompensation and payment modes that have are meant to be provided to the ownerwhose property has been requisitioned and compensation for the same has to bemade. People have complained about the instances where the interest rate forthe property was not made according to the rules laid down by the act and alsothere have not been adequate hearing of the cases filed against the unfaircompensation and challenging the notice of acquisition by the competent authorities.However, after prolonged litigation traversing up to the Apex Court, if theinterested persons succeed in getting a notice of acquisition quashed, theywould be bestowed with the unintended benefit of compensation for theirproperty as on the date of publication of fresh notice of acquisition. Thecompensation rate shows a hike with respect to the astronomical increase in themarket value of property between the original date of publication of notice of acquisitionand the present date of publication of the same. Recently the originalAct of the Requisitioning and Acquisition of Immovable Property, issued in 1952was proposed its 12th amendment for regulating the Governingcompensation amount payable at the time of the acquisition of immovable propertyby the central government was introduced by the Minister of State for Planning,Programme Implementation and Statistics Rao Inderjit Singh. It was introducedby M Venkaiah Naidu, on 18th July 2017 and was passed by the Lok Sabhaon 20th December, 2017.The bill also seeks toamend a section of the Requisitioning and Acquisition of Immovable Property Actto “enable the central government to re-issue the notice of acquisition to theowner or such other person interested in the property, for the purpose ofgiving (an) opportunity of being heard”.
The owner or the person interested inthe property would also be entitled to annual rate of interest — prevalent atany relevant time on the compensation payable — from the date of publishing thefirst notice till payment of the final compensation. The above statement allowsthe central government to re-issue the notice of acquisition in order to ensurethat the property’s owner gets an opportunity to be heard in order to get theappropriate compensation amount from the government as it is the duty of thegovernment to pay fair and just compensation for the acquired land. Further, it is proposedthat any enhanced compensation with or without interest awarded by the court orother authority, before the date of commencement of the proposed amendment,shall be subject to the reissuance of the proposed notice of acquisition andshall be applicable only to the cases of property being acquired for nationalsecurity and defence purpose. The Representation of the Immovable Property (Amendment)Bill, 2017 is hoped to bring a significant reform in the exercise of the Rightto Property, which is a constitutional right, as it will make the acquisitionof the immovable property hassle free and provide fair and just compensation tothe owner. The amendment in the bill is significant, as it hasbeen done in the interest of the security of the nation. It will help corruptelement from taking undue advantage by misusing the litigation process.
As discussed above, if thesepossible drawbacks will not be monitored, controlled or terminated, the mainpurpose of the Representation of the Immovable Property (Amendment) Bill, 2017will turn out to be futile and can further lead to the fair opportunity to theowners for gaining an appropriate compensation.