Section 10 in The West Bengal Acquisition And Settlement Of Homestead Land Act, 1969.
10. Occupier not liable to be evicted. -
(1)An occupier shall not be liable to be evicted or dispossessed from the land demarcated under section 6, notwithstanding any judgment, decree or order of any court for such eviction or dispossession.(2)In any suit or proceeding in any court for the eviction of an occupier from the land in his possession, including any such suit or proceeding pending on the date of coming into force of this Act, the occupier may-(a)if he has made an application under section 4, file a petition to the court supported by a certificate from the Collector to the effect that he has done so;(b)if an inquiry has been started by the Collector on his own motion under sub-section (2) of section 5, file a petition to the court supported by a certificate from the Collector to the effect that the Collector has started the inquiry;(c)if he has not made an application under section 4 and if no inquiry has been started by the Collector on his own motion under subsection (2) of section 5, file a petition to the court stating that he intends to make an application under section 4.(3)On receipt of a petition under sub-section (2), the court shall,-(a)if the occupier has made an application under section 4, stay the suit or the proceeding till the disposal of the application;(b)if an inquiry has been started by the Collector on his own motion under sub-section (2) of section 5, stay the suit or the proceeding till the inquiry is made;(c)if the occupier has not made an application under section 4 and if no inquiry has been started by the Collector on his own motion under sub-section (2) of section 5, direct the occupier to file a certificate from the Collector within a period of three months or within such further period as the court may grant stating that an application under section 4 has been made and on the filing of such certificate stay the suit or the proceeding till the disposal oi the application by the Collector.(4)The certificate referred to in clauses (a) and (b) of sub-section (2) shall, on application by an occupier, be issued by the Collector in such manner as may be prescribed.
