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The Acquisition and Requisition of Immovable Property Ordinance, 1982

( Ordinance NO. II OF 1982 )

Final decision regarding acquisition
5. (1) The 1[Government or, as the case may be, the Divisional Commissioner], after considering the report submitted by the Deputy Commissioner under section 4(3), shall make a decision about the acquisition of the property and such decision of the 2[Government or, as the case may be, the Divisional Commissioner] shall be final 3[:
 
 
 
 
Provided that-
 
 
 
 
(a) where the decision is to be made by the Divisional Commissioner, it shall be made within fifteen days from the date of submission of the report, or within such further time but not exceeding one month, as he may think fit for reasons to be recorded by him in this behalf ;
 
 
 
 
(b) where decision is to be made by the Government, it shall be made within a period not exceeding ninety days from the date of submission of the report.]
 
 
 
 
4[(2) When the Government, the Divisional Commissioner or the Deputy Commissioner, as the case may be, makes a decision for acquisition of the property under sub-section (1) or the proviso to section 4(3)(b), as the case may be, such decision shall be conclusive evidence that the property is needed for a public purpose or in the public interest.]

  • 1
    The words and commas “Government or, as the case may be, the Divisional Commissioner” were substituted for the word “Government” by section 3 of the Acquisition and Requisition of Immovable Property (Amendment) Ordinance, 1983 (Ordinance No. XV of 1983)
  • 2
    The words and commas “Government or, as the case may be, the Divisional Commissioner” were substituted for the word “Government” by section 3 of the Acquisition and Requisition of Immovable Property (Amendment) Ordinance, 1983 (Ordinance No. XV of 1983)
  • 3
    The colon (:) was substituted for the full-stop (.) and the proviso was added thereafter by section 3 of the Acquisition and Requisition of Immovable Property (Amendment) Act, 1994 (Act No. XX of 1994)
  • 4
    Sub-section (2) was substituted by section 3 of the Acquisition and Requisition of Immovable Property (Second Amendment) Ordinance, 1983 (Ordinance No. XXX of 1983)
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