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State of West Bengal - Section

Section 64 in West Bengal Town and Country (Planning and Development) Act, 1979

64. Procedure in case of disputed claims to land.

(1)Where there is t disputed claim as to the ownership of any piece of !and included in an area respect of which the scheme has been published under sub-section (1) of section 61 and any entry in the records or rights or mutation register relevant to such disputed claims is inaccurate or inconclusive, an enquiry may be held on a submission being made by the Development Authority at any time prior to the date of final publication of the scheme under section 70, by such officer as the State Government may appoint for the purpose of deciding who shall be deemed to be owner for the purpose of this Act.
(2)The decision under sub-section (1) shall not be subject to appeal but shall not operate as a bar to a regular suit.
(3)Such decision shall be corrected, modified or rescinded as may be necessary to give effect to the decree or order of the Civil Court after the same has been brought to the notice of the Development Authority either by the Civil Court or by any person affected by such decree or order.
(4)Such decision shall, in the event of the Civil Court passing a decree or order which is inconsistent therewith, be corrected, modified or rescinded in accordance with such decree or order as may be practicable after such decree or order has been brought to the notice of the Planning Authority or the Development Authority either by the Civil Court or by any person affected by such decree or order.
(5)Where such a decree or order of the court is passed after the scheme has been published, such scheme shall be deemed to have been suitably varied by reason of such decree.