Vesting of property in Central
Government.
269UE. (1) Where an order
under sub-section (1) of section 269UD is made
by the appropriate authority in respect of an immovable property referred to in
sub-clause (i) of clause (d) of section
269UA, such property shall, on the date of such order, vest in the Central
Government 87[in terms of the
agreement for transfer 88 referred to in
sub-section (1) of section 269UC] :
89[Provided that where the appropriate
authority, after giving an opportunity of being heard to the transferor, the
transferee or other persons interested in the said property, under sub-section
(1A) of section 269UD, is of the opinion that
any encumbrance on the property or leasehold interest specified in the
aforesaid agreement for transfer is so specified with a view to defeat the
provisions of this Chapter, it may, by order, declare such encumbrance or leasehold
interest to be void and thereupon the aforesaid property shall vest in the
Central Government free from such encumbrance or leasehold interest.]
(2) The transferor or any
other person who may be in possession of the immovable property in respect of
which an order under sub-section (1) of section
269UD is made, shall surrender or deliver possession thereof to the
appropriate authority or any other person duly authorised by the appropriate
authority in this behalf within fifteen days of the service of such order on
him :
90[Provided that the provisions of this
sub-section and sub-sections (3) and (4) shall not apply where the person in
possession of the immovable property, in respect of which an order under sub-section
(1) of section 269UD is made, is a bona fide holder of any encumbrance on
such property or a bona fide
lessee of such property, if the said encumbrance or lease has not been declared
void under the proviso to sub-section (1) and such person is eligible to
continue in possession of such property even after the transfer in terms of the
aforesaid agreement for transfer.]
(3) If any person refuses
or fails to comply with the provisions of sub-section (2), the appropriate
authority or other person duly authorised by it under that sub-section may take
possession of the immovable property and may, for that purpose, use such force
as may be necessary.
(4) Notwithstanding
anything contained in sub-section (2), the appropriate 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.
(5) For the removal of
doubts, it is hereby declared that nothing in this section shall operate to
discharge the transferor or any other person (not being the Central Government)
from liability in respect of any encumbrances on the property and,
notwithstanding anything contained in any other law for the time being in
force, such liability may be enforced against the transferor or such other
person.
(6) Where an order under
sub-section (1) of section 269UD is made in
respect of an immovable property, being rights of the nature referred to in
sub-clause (ii) of clause (d) of section
269UA, such order shall have the effect of—
(a) vesting such right 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 a right would
have continued to vest if such order had not been made.
(7) Where any rights in
respect of any immovable property, being rights in, or with respect to, any
land or any building or part of a building which has been constructed or which
is to be constructed, have been vested in the Central Government under
sub-section (6), the provisions of sub-sections (1), (2), (3) and (4) shall, so
far as may be, have effect as if the references to immovable property therein
were references to such land or building or part thereof, as the case may be.