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State of West Bengal - Section

Section 6 in The Mahajati Sadan Act, 1949

6. Acquisition.

(1)The [State] [Word substituted for the word 'provincial' by the Adaptation of Laws Order, 1950.] Government may acquire the properties described in the First Schedule (hereinafter in this section referred to as the said properties) by publishing in the Official Gazette a notice to the effect that the [State] [Word substituted for the word 'provincial' by the Adaptation of Laws Order, 1950.] Government has decided to acquire the said properties in pursuance of this section.
(2)When the notice as aforesaid is published in the Official Gazette, the said properties shall, on and from the beginning of the day on which the notice is so published, vest absolutely in the [State] [Word substituted for the word 'provincial' by the Adaptation of Laws Order, 1950.] Government free from all incumbrances, and thereupon the [State] [Word substituted for the word 'provincial' by the Adaptation of Laws Order, 1950.] Government may take possession of the said properties in such manner as if may think fit.
(3)When the said properties are acquired in pursuance of this section, there shall be paid to the persons interested such compensation as may be determined and apportioned by the Collector-
(a)in accordance with agreements reached between the persons interested and the [State] [Word substituted for the word 'provincial' by the Adaptation of Laws Order, 1950.] Government, or
(b)where no such agreement can be reached, in the manner and in accordance with the principles set out in the Land Acquisition Act, 1894, so, however, that the market value referred to in clause first of sub-section (1) of section 23 of the said Act shall be deemed to be the market value of the said properties on the date of publication of the notice referred to in sub-section (1),
and claimed by such persons within three months from the date of publication of the notice referred to in sub-section (1).
(4)The decision of the Collector under sub-section (3) shall be final and shall not be called in question in any Court.