Section 6:
Release from requisitioning.
(1) The Central Government may at any time release from
requisition any property requisitioned under this Act and shall, as far as possible, restore the property in
as good a condition as it was when possession thereof was taken subject only to the changes caused by
reasonable wear and tear and irresistible force:
Provided that where the purposes for which any requisitioned property was being used cease to exist,
the Central Government shall, unless the property is acquired under section 7, release that property, as
soon as may be, from requisition.
1[(1A) Notwithstanding anything contained in sub-section (1), the Central Government shall release
from requisition,--
(a) any property requisitioned or deemed to be requisitioned under this Act before the
commencement of the Requisitioning and Acquisition of Immovable Property (Amendment)
Act, 1970 (1 of 1970), on or before the expiry of a period of 2[seventeen years] from such
commencement;
(b) any property requisitioned under this Act after such commencement, on or before the expiry
of a period of 2[seventeen years] from the date on which possession of such property was surrendered
or delivered to, or taken by, the competent authority under section 4,
unless such property is acquired under section 7 within the period of 2[seventeen years] aforesaid].
(2) Where any property is to be released from requisition, 4[under sub-section (1) or sub-section (1A)]
the competent authority may, after such inquiry, if any, as it 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 and such possession shall, as far as practicable, be given to the person from whom possession was
taken at the time of the requisition or to the successors-in-interest of such person.
(3) The delivery of possession of the property to the person specified in an order under
sub-section (2) shall be a full discharge of the Central Government from all liability 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 given.
(4) Where any person to whom possession of any requisitioned property is to be given is not found
and has no agent or other person empowered to accept delivery on his behalf, the competent authority
shall cause a notice declaring that the property is released from requisition to be affixed on some
conspicuous part of the property and shall also publish the notice in the Official Gazette.
(5) When a notice referred to in sub-section (4) is published in the Official Gazette, the property
specified in such notice shall cease to be subject to requisition on and from the date of such publication
and shall be deemed to have been delivered to the person entitled to possession thereof and the Central
Government shall not be liable for any compensation or other claim in respect of the property for any
period after the said date.
(6) Where any property requisitioned under this Act or any material part thereof is wholly destroyed
or rendered substantially and permanently unfit for the purpose for which it was requisitioned by reason
of fire, earthquake, tempest, flood or violence of any army or of a mob or other irresistible force, the
requisition shall, at the option of the Central Government, be void:
Provided that the benefit of this sub-section shall not be available to the Central Government where
the injury to such property is caused by any wrongful act or default of that Government.
Notes:
1 Ins. by Act 1 of 1970, s. 3 (w.e.f. 11-3-1970).
2 Subs. by Act 20 of 1985, s. 2, for "fifteen years" (w.e.f. 8-3-1985).
3 Ins. by Act 1 of 1970, s. 3 (w.e.f. 11-3-1970).