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from the dare oi sale, pay, after deducting the expenses of such sale, thc
-1 proceeds of the same ro the pcrson who appears to him to be entitled
thereto and after such payment no suit Lo legal proceedings to rccover
such sum or any part thereof shall be brought or instituted against the
competent authoriti or the Government by any person claiming to be
entitled thereto :
Provided that nothing herein conkained shall affect thc liability
of any to whom any such sum has been paid by the competent
authority under this sub-section to pay ihe same to the person lawhlly
entitled thereto.
5. ( 1 ) Where any property is subject to requsilion, the compctcnt Power to
authority may, if it is of opinion that it js necessary to acquire he property acquire
for any of the purposes referred to in scction 3, at any time acquire such requisitioned
property by publishing in the Official Gazctte of the State a notice to the property.
eff'ec t that theGovernrnent has decided to acquire the property in pursuance
1
A of this section :
Provided Lhat before issuing such notice. the competent auhority
shall call upon the owner of, or any person who; in the opinion of the
competent authority, may be interested in, such property to show cause as
to why the property should not he acquired ; and after considering the
cause, if any, shown by such person, the cornpeten( authority may passs
such orders as it deems fit.
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to the hirer and the balance representing items (i) and (ii) above shalt be
made over to the financier till he receives the full consideration and this
provision shali over-ride any terns to the contrary i n the hire-purchase
' ,
I' . agreement :
Provided further that if during the period of requisition the
property is damaged otherwise lhan by normal wear and tear or losr at a
time when ir is not insured, there shall be paid to the owner an additionaI
amount equal to the cost of making good the damage or, in the case of a
total l'oss, an amount that would have been payable if the property bad
been acquired on the date of the loss. Such' amount shall be determined
in the manner set out in section 7:
Provided funher that the owner of the property or any other
person interested therein may, within a period of thirty days from the
date of communication of the order of the competent authority, prefer an
appeal to the High Coud. The High Court may entertain the appeal after
the expiry of the said period of thirty days, if it is satisfied that the
appellant was prevented by sufficient causc from filing the appeal in
L time.
7. The amounnt payablc in respect of the movable property Pamenl or
acquired shdl be thc controlled price of he property, that is to say, the' amount for
price fixed by an ordcr under any law for the time bearing in force : "CquiSitiO"
P'oPerty-
Provided that, in respect of the property the price of which is
not controlled or which i s not new, the amount shall not exceed a sum
equal to thc price which could have been paid for its replacement on the
date of the acquisition, rcduced by a sum equal to the depreciation of the
properiy, calculated in the manner and at a rate noL exceeding thirty per
cent per annurn as may be prescribed. In arriving at the price which
would have been paid for thc reblacement of the property, no account
shall be taken of any appreciation in thc value-thereof, aher the date of
requisition:
Provided further that the owner of the property or any other
"
4
person interested therein may, within a period of r hirty days from the date
of commuiLication of the order of the cornpetent authority, prefer an appeal
to the High Court. The f i g h Court may entertain the appeat after the
expiry of the said periodof thirty days, if it is satisfied that the nppellant
was prevented by sufocient cause from filing the appeal in time:
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442 ACQUISITION OF
REQUlSlTfONTNG A ~ W [I975: Haryana Act 9
MOVABLE PROPERTY
11. (1) Any person aggrieved by art order made by the cornpetent Appeal.
authority under section 3, or section 4, or section 5 , may, wirhin a period .
. of thirty days from the date of service of the order, prefer an appeal to the
Government :
Provided that the Government may entertain the appeal after
h e expiry of the sad period of thirty days, if i t is satisfied that the appellant
was prevented by sufficient cause from filing the appeal in time.
( 2 ) - On receipt of an appcal under sub-section (11, the
Govemment may, afier calling for a report from the competent authority
and giving an opportunity to the pmies of being heard and after making
such further enquiry, if any, as may be necessary, pass such ordcrs, as it
rhinks fit and the orclcr of the Government shall be final.
12. The competent authori~yor the Government, while holding an Competent
enquiry, shall have all the powers of a civjl court while trying a suit under au~ority
the Code of Civil Procedure, 1908 (Cen~ralAct 5 of 19081, in respcct of Govemment lo
have ccflain
1. the following marters, namely :- powcrs of civil
(a) summoning and enforcing the attendance of any person court.
and examining him on oath ;
(b) requiring thediscoverj, andproduction of any document