Section 10(2) in The West Bengal Government Land (Regulation of Transfer) Act, 1993
(2)On receipt of the application under sub-section (1), the competent authority may, if it is satisfied after such enquiry as it thinks fit that the reasons stated by the lessee for the disposal of such Government land are cogent and that the person named in the application is eligible for allotment of such Government land under any scheme of allotment by the State Government of such Government land for the time being in force, and if the State Government does not give any notice to the competent authority within a period of sixty days from the date of the application under sub-section (1) of its intention to exercise the right of pre-emption within a period of one hundred and twenty days form the date of the notice, grant permission for the disposal of such Government land in favour of the person named in the application under sub-section (1) on such condition and in such form as may be prescribed :Provided that if the State Government exercises the right of pre-emption within the period of one hundred and twenty days as aforesaid, -(a)the building, if any, constructed by the lessee on such Government land shall be taken over by the State Government at such valuation as may be made by the competent authority on the basis of the cost of construction of such building less depreciation at the rate in vogue or at the market value of such building, whichever is less, and(b)the lease of Government land shall determine upon payment to the lessee the value of such Government land which shall be the amount of salami of premium paid by him to the State Government in consideration of the price thereof and an interest at the admissible to the deposit in the savings bank account current at any nationalised bank:Provided further that in the case of any dispute between the parties in respect of the valuation of the building, such dispute shall be decided by the competent authority and the decision of the competent authority shall be final and binding on both the parties.
