Section 5 in Calcutta Slum Clearance and Rehabilitation of Slum-Dwellers Act, 1958
5. Acquisition of slum-area. -
(1)The State Government may, within one year after an area has been declared a slum area under sub-section (3) of section 4, acquire the land comprised in such area together with all huts and other structures, standing thereon by publishing in the Official Gazetteand in such other manner as may be prescribed a notice to the effect that the State Government has decided to acquire such land together with all huts and other structures standing thereon.(2)When a notice is published as aforesaid, any officer of the State Government authorised by it in this behalf, may take possession of the land comprised in the slum-area together with all huts and other structures standing thereon, and thereupon such land and huts and other structures shall vest absolutely in the State Government free from all encumbrances :Provided that such officer shall not take possession of any hut or other structure until the expiration of two months from the date of service of a notice to quit such hut or other structure which shall be served in such manner and on such persons as may be prescribed.(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.(4)Before taking possession under sub-section (2) or sub-section (3) of the land and huts and other structures, the officer shall pay such amount to the occupier as may be prescribed on account of-(a)cost of removal,(b)cost of dismantling and re-erecting any plant, machinery or such other equipment used for any trade or industry, and(c)compensation for any temporary loss of occupation.
