3. Power to requisition of immovable property
3. Power to requisition of immovable property:
(1) In case the Government of Nepal concludes that immovable property is needed or likely to be needed for any public purpose and requisition thereof is must than it-
(a) Shall issue a notification in writing to the property owner or any person having possession over the said property to submit the complaint, if any, to the
Government of Nepal within a period of Thirty Five days from the date of service of the notification by setting out the reasons that the proposed requisition be
not be carried out.
(b) May issue an order to the owner of property or any other person in order to impose restriction on sale and size modification of such property and on providing in
rent to tenant without the approval of the Government of Nepal unless a period of Thirty Five days completes from the date when such order is served.
(2) After considering the reasons, if any, mentioned by a person who has possession or claim over such property or by a stakeholder, the Government of Nepal, may, if it concludes that the requisition of such property is reasonable or necessary, requisition the said property by an order which is necessary and reasonable in respect of requisition.
Provided that, the following property or any part thereof shall not be requisitioned.
(a) The residence which is, in the real sense, being used by the owner for him/herself or for his/her family members.
(b) The place used for religious worship or school, hospital, public library, inn or orphanage or any public place being used by the person who manages thereof.
Provided that, in case the requisitioned property is being used by a tenant for his/her residence since two months from the date when a notification pursuant
to aforesaid Sub-section was served, the Government of Nepal shall, as far as possible ,manage another such residence which it deems appropriate for such tenant.
(3) No question shall be raised in any court about the order of requisition issued pursuant to this Act.
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