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Section 10: Release from requisition

The United Provinces Acquisition of Property (Flood Relief) Act, 1948State Act of Uttar Pradesh · Act 39 of 1948

10. (1) Where any land or building material requisitioned under section 3 is to be released from requisition, the Requisitioning Authority may, after making such inquiry, if any, as it considers necessary, specify by order in writing the person who appears to it to be entitled to the possession of such land or building material.

(2) The delivery of possession of such land or building material to the person named in the order made under subsection (1) shall be full discharge of any liability of the (State Government) to deliver possession to such person as may have rightful claim to possession thereof but shall not prejudice any right in respect of such land or building material which any other person may, by due process of law, be entitled to enforce against the person to whom possession is so delivered.

(3) Where the person to whom possession of any land, or building material requisitioned under section 3 is to be delivered cannot be found or is not readily traceable or has not agent or other person empowered to accept delivery on his behalf, the Requisitioning Authority

(a) If the property to be delivered is land, shall publish in the official Gazette a notice declaring that such land is released from requisitioning and the fact will be notified by beat of drums in the locality, and

(b) If it is building material, may sell the same in such manner as may be prescribed and deposit the proceeds in the treasury, which shall then be payable to the person entitled thereto.

(4) When a notice referred to in clause (a) of sub-section (3) is published in the official Gazette, the land specified in such notice shall cease to be subject to requisitioning onward from the date of such publication and shall be deemed to have been delivered to the person entitled to possession thereof.

(5) Upon delivery of possession or sale made under subsections (2) to (4), the (State Government) shall save as provided in clause (b) of sub-section (3) or as may be directed by any order made under section 6, not be liable for any compensation or other claims in respect of such land or building material.

Where this provision sits

ActThe United Provinces Acquisition of Property (Flood Relief) Act, 1948
Section10
Marginal noteRelease from requisition
JurisdictionState of Uttar Pradesh
StatusIn force as published by the source

How this provision has been amended

Taken from the footnotes printed with the provision by the source. Where a footnote names the amending instrument, it is quoted as printed.

  • substituted. Subs. by A. O. 1950 for (Provl. Government).

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