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State of West Bengal - Section

Section 4 in The West Bengal Public Land (Eviction Of Unauthorised Occupants) Act, 1962

4. [ Order of eviction of person in unauthorised occupation from public land. [[Section 4 first substituted by W.B. Act 36 of 1963, then again substituted by W.B. Act 49 of 1976. Previous Section 4 was as under:-

'4. Order of eviction of persons in unauthorised occupation from public land. - (1) If after considering the cause, if any, shown by any person in pursuance of a notice issued under section 3 and any evidence adduced in support thereof, and any evidence which, may be adduced by the owner and after making such further inquiry, if any, as he deems necessary, -(a)the Collector is satisfied that no bona fide dispute regarding title to the public land exists and that the public land is in unauthorised occupation, he shall make an order of eviction directing all persons in such unauthorised occupation to vacate the public land and deliver possession thereof to the owner within such time as may be specified in the order; or(b)the Collector is satisfied that any person concerned is not in unauthorised occupation of the public land or is of opinion that a bona fide dispute regarding title to the public land exists, he shall make an order cancelling the proceedings and referring the parties to the civil court.
(2)For the purpose of making an inquiry referred to in sub-section (1), the Collector, or any person authorised by him in this behalf, may -
(a)enter upon the public land and inspect, measure or demarcate the same at any time between sunrise and sunset; and
(b)require, in such manner as may be prescribed, all persons concerned or any other person to furnish information relating to the names and other particulars of the persons concerned and the persons concerned or any other person so required shall be bound to furnish such information.
(3)The Collector shall cause a copy of the order made under clause (a) of sub-section (1) to be served in the manner referred to in sub-section (2) of section 3.'.]]
(1)If after considering the cause, if any, shown by any person in pursuance of a notice issued under section 3 and any evidence he may produce in support of the same and after giving him a reasonable opportunity of being heard, the Collector is satisfied that the public land is in unauthorised occupation, he shall make an order of eviction directing all persons in such authorised occupation to vacate the public land and deliver possession thereof to owner within such time as may be specified in the order.
(2)The Collector shall cause a copy of the order made under sub-section (1) to be served in the manner referred to in sub-section (2) of section 3.] [Clause (4) substituted by W.B. Act 36 of 1963.]