Vesting of property in Central
Government.
269-I. (1) As soon as may
be after the order for acquisition of any immovable property made under
sub-section (6) of section 269F becomes final,
the competent authority may, by notice in writing, order any person who may be
in possession of the immovable property to surrender or deliver possession
thereof to the competent authority or any other person duly authorised in
writing by the competent authority in this behalf, within thirty days of the
date of the service of the notice.
Explanation.—For the purposes of
this sub-section, an order for the acquisition of any immovable property
(hereafter in this Explanation
referred to as the order for acquisition) made under sub-section (6) of section 269F becomes final,—
(a) in a case where the order for acquisition is
not made the subject of an appeal to the Appellate Tribunal under section 269G, upon the expiry of the period during
which such appeal may be presented under that section ;
(b) in a case where the order for acquisition is
made the subject of an appeal to the Appellate Tribunal under section 269G,—
(i) if the order for acquisition is confirmed by
the Appellate Tribunal and the order of the Appellate Tribunal is not made the
subject of an appeal to the High Court under section
269H, upon the expiry of the period during which such appeal may be
presented under that section to the High Court ;
(ii) if the order of the Appellate Tribunal is made
the subject of an appeal to the High Court under section
269H, upon the confir-mation of the order for acquisition by the High
Court.
(2) If any person refuses
or fails to comply with the notice under sub-section (1), the competent
authority or other person duly authorised by the competent authority under that
sub-section may take possession of the immovable property and may, for that
purpose, use such force as may be necessary.
(3) Notwithstanding
anything contained in sub-section (2), the competent authority may, for the
purpose of taking possession of any property referred to in sub-section (1),
requisition the services of any police officer to assist him and it shall be
the duty of such officer to comply with such requisition.
(4) When the possession of
the immovable property is surrendered or delivered under sub-section (1) to the
competent authority or a person duly authorised by him in that behalf or, as
the case may be, when the possession thereof is taken under sub-section (2) or
sub-section (3) by such authority or person, the property shall vest absolutely
in the Central Government free from all encumbrances :
Provided that nothing in this
sub-section shall operate to discharge the trans-feree or any other person (not
being the Central Government) from liability in respect of such encumbrances
and, notwithstanding anything contained in any other law, such liability may be
enforced against the transferee or such other person by a suit for damages.
41[(5) Notwithstanding
anything contained in sub-section (4) or any other law or any instrument or any
agreement for the time being in force, where an order for acquisition of any
immovable property, being rights of the nature referred to in clause (b) of sub-section (1) of section 269AB, in or with respect to any building
or part of a building which has been constructed or which is to be constructed,
has become final, then, such order shall, by its own force, have the effect of—
(a) vesting such rights in the Central Government,
and
(b) placing the Central Government in the same
position in relation to such rights as the person in whom such rights would
have continued to vest if such order had not become final,
and the competent authority
may issue such directions as he may deem fit to any person concerned for taking
the necessary steps for compliance with the provisions of clauses (a) and (b).
(6) In the case of any
immovable property, being rights of the nature referred to in clause (b) of sub-section (1) of section 269AB, in or with respect to any building
or part of a building, the provisions of sub-sections (1), (2) and (3) shall
have effect as if the references to immovable property therein were a reference
to such building or, as the case may be, part of such building.]