Section 5 in The West Bengal Public Land (Eviction Of Unauthorised Occupants) Act, 1962
5. [ Collector's power to enforce delivery of possession by evicting unauthorised occupants. [[Section 5 substituted by W.B. Act 49 of 1976. Previous Section 5 was as under :-
'5. Collector's power to enforce delivery of possession by evicting unauthorised occupant. - (1) If, in respect of any public land or part thereof, any person concerned refuses or fails to comply with an order made under sub-clause (i) of clause (a) of sub-section (1) of section 4 within the time specified in the order or within such further time as the Collector may allow, then the Collector shall, -(a)if a Magistrate, enforce delivery of possession of such public land or part to the owner after evicting the person concerned, or(b)if not a Magistrate, apply to a Magistrate, or in Calcutta as defined in section 3 of the Calcutta Police Act, 1866, to the Commissioner of Police, Calcutta and such Magistrate or Commissioner of Police, as the case may be, shall enforce delivery of possession of such public land or part to the owner after evicting the person concerned.(2)The costs of enforcing such delivery of possession after evicting the person concerned shall be payable by the person concerned within such time as the Collector may, by order direct.'.]](1)If, in respect of any public land or part thereof, any person concerned refuses or fails to comply with an order made under sub-section (1) of section 4 within the time specified in the order, the Collector shall enforce delivery of possession of such public land or part thereof to the owner after evicting the person concerned and for this purpose the Collector, or any officer authorised by him, may take such steps or use such force as may be necessary.(2)The costs of enforcing such delivery of possession after evicting the person concerned shall be payable by the person concerned within such time as the Collector may, by order, direct.]
