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State of West Bengal - Section

Section 14 in The West Bengal Slum Areas (Improvement And Clearance) Act, 1972

14. Power of State Government to acquire land.

(1)Where the State Government is of opinion that for the purpose of carrying out any Slum Clearance and Redevelopment Scheme sanctioned under this Act, it is necessary to acquire any land or any other immovable property within, adjoining or surrounded by, any slum area, it may, by a notice published in the Official Gazette and by such other manner as may be prescribed, acquire such land or immovable property with effect from such date as may be specified in the notice.
(2)With effect from the date specified in the notice referred to in sub-section (1), the land or immovable property as is mentioned in the notice shall vest absolutely in the State Government free from all encumbrances.
(3)Notwithstanding anything contained in sub-section (2), the State Government may, on such terms and conditions as it may think fit to impose, direct by order in writing that such land or immovable property shall, instead of vesting in the State Government, vest in the prescribed authority, and thereupon the prescribed authority shall -
(a)take possession of the property as aforesaid in such manner as may be prescribed, and
(b)clear and redevelop the area in accordance with the Slum Clearance and Redevelopment Scheme sanctioned under section 13, and
(c)dispose of surplus land or immovable property, if any, with such notice to the previous owner thereof and subject to such terms and conditions as may be prescribed in this behalf.
(4)Before taking possession under clause (a) of sub-section (3) of any hut or other structure situated upon any land acquired under this section, such officer of the prescribed authority, as may be duly authorised in this behalf, shall determine, after such inquiry and inspection as may be considered suitable, -
(a)the cost of erection or removal of such hut or other structure,
(b)the cost of dismantling and re-erecting any plant, machinery or other equipment used for any trade or industry carried on in the hut or other structure, and
(c)compensation of any temporary loss of vocation,
and shall pay the amount so determined to the owner or occupier, as the case may be.