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Section 18 of The Requisitioning and Acquisition of Immovable Property Act, 1952

(1)No suit, prosecution or other legal proceeding shall lie against any person for anything which is in good faith done or intended to be done in pursuance of this Act or any order made thereunder.
(2)No suit or other legal proceeding shall lie against the Central Government or the competent authority for any damage caused or likely to be caused by anything which is in good faith done or intended to be done in pursuance of this Act or any order made thereunder.

Summary

This section protects individuals and the government from legal liability when they are carrying out their duties under this Act.
No lawsuit, criminal prosecution, or other legal proceeding can be started against any person who does something, or intends to do something, in good faith while following this Act or its orders.
No lawsuit or other legal proceeding can be brought against the Central Government or the competent authority for any damage caused (or likely to be caused) by actions done, or intended to be done, in good faith.
The absolute key requirement for this legal immunity is good faith, meaning the actions must be done honestly and with the genuine intention of carrying out the law, not out of malice or negligence.

Practical examples

1On July 15, 1953, an authorized inspector named Mr. Suresh Kumar enters a property under Section 14 to inspect a building for requisitioning. While carefully walking through the building, a weak wooden floorboard accidentally cracks under his weight. Because Mr. Kumar was acting honestly and carefully to perform his duties under the Act, the landlord cannot sue him personally for property damage because his action was done in good faith.

2The competent authority requisitions a commercial warehouse owned by Mrs. Meena Sen under Section 3 on October 1, 1954, to store relief supplies. Due to this requisition, Mrs. Sen loses a lucrative storage contract with a private merchant and suffers financial damage. Since the competent authority acted honestly and strictly followed the legal requisitioning procedures under the Act, Mrs. Sen cannot sue the Central Government or the competent authority for this financial damage.

FAQ

1. What does good faith mean under Section 18?

Good faith means acting honestly, with a sincere intention to carry out the purposes of the Act, and without any malicious or deceptive intent.

2. Does Section 18 protect a government officer who acts maliciously, corruptly, or deliberately destroys property?

No, the protection only applies to actions done or intended to be done in good faith. If an officer acts with bad intentions, malice, or corruption, they are not protected and can be held legally liable.

Test yourself

Q1.Under Section 18 of The Requisitioning and Acquisition of Immovable Property Act, 1952, what is the key legal standard that an action must meet to receive protection from lawsuits, prosecutions, or legal proceedings?

Q2.Under Section 18 of The Requisitioning and Acquisition of Immovable Property Act, 1952, who is protected from legal proceedings for damages caused or likely to be caused by good-faith actions?

Q3.Under Section 18 of The Requisitioning and Acquisition of Immovable Property Act, 1952, what types of legal actions are blocked if a person acts in good faith while carrying out their duties under the Act?

Q4.Under Section 18 of The Requisitioning and Acquisition of Immovable Property Act, 1952, if an officer maliciously and intentionally destroys a landlord's furniture during an inspection because of a personal grudge, does Section 18 protect the officer?

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