Section 8 in The West Bengal Land Development And Planning Act, 1948
8. Application of Act I of 1894 subject to special provision for compensation.
- [(1)] [Section 8 renumbered as sub-Section (1) of that Section by W.B. Act 23 of 1955.] [After making a declaration under section 6] [Words and figure substituted for the words and figure 'A declaration under section 6 shall be conclusive evidence that the land in respect of which the declaration is made is needed for a public purpose and, after making such declaration,' by W.B. Act 23 of 1955.] the [State] [Word substituted for the word 'Provincial' by the Adaptation of Laws Order, 1950.] Government may acquire the land and thereupon the provisions of the Land Acquisition Act, 1894 (hereinafter in this section referred to as the said Act), shall, so far as may be, apply :Provided that-(a)if in any case the [State] [Word substituted for the word 'Provincial' by the Adaptation of Laws Order, 1950.] Government so directs, the Collector may, at any time after a declaration is made under section 6, take possession, in accordance with the rules, of any beel, baor, tank or other watery area, or [any waste or arable land] [Words substituted for the words 'any other waste or arable land' by W.B. Act 23 of 1955.] in respect of which the declaration is made and thereupon such land shall vest absolutely in the [Government] [Word substituted for the word 'Crown' by the Adaptation of Laws Order, 1950.] free from all encumbrances;[* * * *] [[Explanation to clause (a) omitted by W.B. Act 23 of 1955, which was as under :-'Explanation. - For the purposes of this clause the decision of the Provincial Government as to whether any land is or is not waste or arable land shall be final:']](b)in determining the amount of compensation to be awarded for land acquired in pursuance of this Act 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 land on the date of publication of the notification under sub-section (1) of section 4 for the notified area in which the land is included subject to the following condition, that is to say,-if such market value [in relation to land acquired for the public purpose specified in sub-clause (i) of clause (d) of section 2] [Words, figure, letters and brackets inserted by W.B. Act 23 of 1955.], exceeds by any amount the market value of the land on the 31st day of December, 1946, on the assumption that the land had been at that date in the state in which it in fact was on the date of publication of the said notification, the amount of such excess shall not be taken into consideration.(2)[ When the amount of compensation has been determined under sub-section (1), the Collector shall make an award in accordance with the principles set out in section 11 of the said Act, [and the amount referred to in sub-section (2) of section 23 of the said Act shall also be included in the award] [Sub-Section (2) inserted by W.B. Act 23 of 1955.].
