(1) Where any property requisitioned under section 19 is to be released from such requisition, the Government by which or under whose authority the property was requisitioned or any person generally or specially authorised by it in this behalf may, after such Release from requisition.
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 335 inquiry, if any, as it or he may in any case, consider necessary to make or cause to be made, specify by order in writing the person to whom possession of the property shall be given.
(2) The delivery of possession of the property to the person specified in the order under sub-section (1) shall be a full discharge of the Government from all liabilities in respect of the property, but shall not prejudice any rights in respect of the property which any other person may be entitled by due process of law to enforce against the person to whom possession of the property is delivered.
26, (1) Any immovable property which has been requisitioned under section 19 may, in the manner hereinafter provided, be acquired in the circumstances and by the Government specified below, namely:— Acquisition of requisitioned property.
(a) where any works have, during the period of requisition, been constructed on, in or over the property wholly or partly at the expense of any Government, the property may be acquired by that Government if it decides that the value of or the right to use, such works shall, by means of the acquisition of the property, be preserved or secured for the purposes of any Government, or
(b) where the cost to any Government of restoring the property to its condition at the time of its requisition as aforesaid would, in the determination of that Government, be excessive having regard to the value of the property at that time, the property may be acquired by that Government.
(2) When any Government as aforesaid decides to acquire any immovable property, it shall serve on the owner thereof or where the owner is not readily traceable or the ownership is in dispute, by publishing in the Official Gazette, a notice stating that the Government has decided to acquire it in pursuance of this section.
(3) Where a nctice of acquisition is served on the owner of the property or is published in the Official Gazette under sub-section (2) then, at the beginning of the day on which the notice is so served or published, the property shall vest in the Government free from any mortgage, pledge, lien or other similar encumbrances and the period of requisition thereof shall come to an end.
(4) Any decision or determination of a Government under subsection (i) shall be final, and shall not be called in question in any court.
(5) For the purposes of this section, "works" includes every description of buildings, structures and improvements of the property.
27. The compensation payable for the acquisition of any property under section 26 shall be—
(a) the price which the requisitioned property would have fetched in the open market if it had remained in.the1 same condition as it was at the time of requisitioning and been sold on the date of acquisition, or Compensation for acquisition of requisitioned property.
336 THE GAZETTE OF INDIA EXTRAORDINARY [PART II
(b) twice the price which' requisitioned property would have fetched in the open market if it had been sold on the date of the requisition, whichever is less.
CHAPTER VI SUPPLEMENTAL