Section 28 in The West Bengal Industrial Infra-Structure Development Corporation Act, 1974
28. Compensation.
(1)Where any land is acquired by the State Government under this Chapter, the State Government shall pay for such acquisition compensation the amount of which shall be determined in accordance with the provisions of this section.(2)Where the amount of compensation has been determined by agreement between the State Government and the person to be compensated, it shall be determined in accordance with such agreement.(3)Where no such agreement can be reached, the State Government shall refer the case to the Collector for determination of the amount of compensation to be paid for such acquisition, as also the person or persons to whom such compensation shall be paid.(4)Before finally determining the amount of compensation, the Collector shall give an opportunity to every person to be compensated to state his case as to be amount of compensation.(5)In determining the amount of compensation, the Collector shall be guided by the provisions contained in section 23 and section 24 of the Land Acquisition Act, 1894.(6)For the purpose of determining the amount of compensation -(a)the Collector shall have power to require any person to deliver to him such return and assessments as he considers necessary;(b)the Collector shall also have power to require any person known or believed to be interested in the land to deliver to him a statement containing, as far as may be practicable, the name of every other person having any interest in the land as co-owner, mortgagee, tenant or otherwise, the nature of such interest and the amount of the rents and profits (if any) received or receivable on account thereof for three years next preceding the date of the statement.(7)Every person required to deliver a return, assessment or statement under sub-section (6) shall be deemed to be legally bound to do so within the meaning of section 175 and section 176 of the Indian Penal Code.(8)The Collector may hear expert witness if he considers it necessary to do so in any particular case.(9)The Collector or any officer authorised by him in this behalf shall be entitled to enter upon and inspect any land which is subject of proceedings before him.(10)The Collector shall dispose of every ease referred to him under sub-section (3) for determination of compensation as expeditiously as possible and in any case within six months from the date of receipt of the reference from the State Government.(11)The Collector shall determine the amount of costs incurred in any case disposed of by him under this section, and by what persons and in what proportions they are to be paid.
