Section 5(3) in Calcutta Slum Clearance and Rehabilitation of Slum-Dwellers Act, 1958
(3)If such notice is not complied with by the person concerned mentioned in the proviso to sub-section (2), the officer referred to in that sub-section may-(a)if he is a Magistrate, enforce the delivery of possession to himself of the hut or other structure, in respect of which the notice has been served, or(b)if he is not a Magistrate, apply to the Commissioner of Police, Calcutta, or to a Magistrate, as the case may be, and such Commissioner or Magistrate shall enforce the delivery of possession of such hut or other structure to such officer:Provided that the provisions of sub-sections (2) and (3) shall not apply unless the State Government has offered alternative accommodation as near as may be within a radius of one mile from the slum-area to the occupier of such hut or other structure at a rent which the State Government is satisfied is comparable to what was being paid by the occupier or if no rent was being paid by the occupier, what was payable for similar accommodation in the locality and the occupier has refused or neglected to occupy such alternative accommodation within the time prescribed.
