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The Acquisition and Requisition of Immovable Property Ordinance, 1982

( Ordinance NO. II OF 1982 )

[ 13th April, 1982 ]

Part II

ACQUISITION

Objections against acquisition
4. (1) Any person interested in any property which has been notified under section 3 as being needed or likely to be needed for a public purpose or in the public interest may, within fifteen days after the publication of the notice, object to the acquisition of the property.
 
 
 
 
(2) Every objection under sub-section (1) shall be made to the Deputy Commissioner in writing, and the Deputy Commissioner shall give the objector an opportunity of being heard either in person or by an agent and shall, after hearing all such objections and after making such further inquiry, if any, as he thinks necessary, prepare a report 1[within thirty days following the expiry of the period specified under sub-section (1)] containing his opinion on the objections.
 
 
2[(3) The Deputy Commissioner shall then-
 
 
 
 
(a) if the property exceeds 3[fifty] standard bighas of land, submit the record of the proceedings held by him, together with his report, for the decision of the Government; and
 
 
 
 
(b) if the property does not exceed 4[fifty] standard bighas of land, submit the record of the proceedings held by him, together with his report, for the decision of the Divisional Commissioner 5[:
 
 
 
 
Provided that if no objection is raised within the period specified in sub-section (1), the Deputy Commissioner shall, instead of submitting the records of the proceedings to the Divisional Commissioner, make a decision 6[within ten days of the expiry of the aforesaid period, or within such further period but not exceeding thirty days, as the Divisional Commissioner permits on the request of the Deputy Commissioner in writing] about the acquisition of the property and such decision of the Deputy Commissioner shall be final.]]
  • 1
    The words, brackets and figure “within thirty days following the expiry of the period specified under sub-section (1)” were inserted by section 2 of the Acquisition and Requisition of Immovable Property (Amendment) Ordinance, 1994 (Ordinance No. XX of 1994)
  • 2
    Sub-section (3) was substituted by section 2 of the Acquisition and Requisition of Immovable Property (Amendment) Ordinance, 1983 (Ordinance No. XV of 1983)
  • 3
    The word “fifty” was substituted for the word “ten” by section 2 of the Acquisition and Requisition of Immovable Property (Amendment) Act, 1994 (Act No. XX of 1994)
  • 4
    The word “fifty” was substituted for the word “ten” by section 2 of the Acquisition and Requisition of Immovable Property (Amendment) Act, 1994 (Act No. XX of 1994)
  • 5
    The colon (:) was substituted for the full-stop (.) and the proviso were added thereafter by section 2 of the Acquisition and Requisition of Immovable Property (Second Amendment) Ordinance, 1983 (Ordinance No. XXX of 1983)
  • 6
    The words and commas “within ten days of the expiry of the aforesaid period, or within such further period but not exceeding thirty days, as the Divisional Commissioner permits on the request of the Deputy Commissioner in writing” were inserted by section 2 of the Acquisition and Requisition of Immovable Property (Amendment) Act, 1994 (Act No. XX of 1994)
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