Law: Sind (Requisition of Land) Act (XLVI of 1947)

Section: 3,11

  Sind (Requisition of Land) Act (XLVI of 1947)----Ss. 3 & 11-RequisitionNecessity for requisition to be compared with resultant dislocation of life and enjoyment of property-Absence of scheme envisaging entire need of GovernmentDefence of person hit by requisitioning order bound to 6e based on personal inconveni ence and requirements.   An order of requisition should be such as not to cause more dislocation than is consonant with the purpose of the Sind (Requisition of Land) Act, 1947 in the ordinary avocations of life and enjoyment of property. This means that the need for requisitioning is to be compared with the dislocation of life and enjoyment of property that would take place as a result of the requisitioning order. The comparison between the need and the dislocation can be methodically made if there is a scheme of the Government indicating its total need so that the dislocation caused by it to the individuals may be compared; but if there is no scheme and the total need of the Government is not disclosed, then the individual whose right is affected is necessary pushed to the necessity of comparing his own inconvenience with the need of the individual for whom the premises is requisitioned. When such a comparison is made, it necessarily leads to the expression of grievances by the individual who is hit by the order of requisition, to his poverty, family requirements or need for alternative accommodation. These grievances are repelled by the authorities by saying that there is no mention of such needs in section 11 of the Act. This reply, however, does not satisfy the aggrieved person, nor does it squarely meet the legal situation because the comparison between the need and the dislocation has got to be made under the law in spite of the fact that methodical comparison is made impracticable when the total need of the Government is not disclosed.   It follows from the above discussion that in the absence of a scheme envisaging the entire need of the Government, the defence of the person who is hit by a requisitioning order is bound to be based on personal inconveniences and personal requirements because that is the only way in which the…