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State of West Bengal - Section

Section 27 in The West Bengal Industrial Infra-Structure Development Corporation Act, 1974

27. Acquisition of land.

(1)If at any time, in the opinion of the State Government, any land is required by it for the purpose of development by the Corporation or for any other purpose in furtherance of the objects of this Act, the State Government shall serve a notice upon the owner of the land and any other person who, in the opinion of the State Government, may be interested therein, to show cause, within such time as may be specified in the notice, why the land Shall not be acquired:Provided that nothing in this sub-section shall apply to land belonging to the Union of India.
(2)After considering the cause, if any, shown by the owner of the land and by any other person interested therein, and after giving such owner and person an opportunity of being heard, the State Government may pass such orders as it deems fit.
(3)If the State Government decides to acquire the land, it shall publish in the Official Gazette a notice specifying the particular purpose for which such land is required and stating therein that the State Government has decided to acquire the land.
(4)When a notice under sub-section (3) is published in the Official Gazette, the land shall, on and from the date of such publication, vest absolutely in the State Government free from all encumbrances.
(5)Where any land is vested in the State Government under sub-section (4), the State Government may, by notice, order any person who may be in possession of the land to deliver possession thereof, within thirty days of the service of the notice, to the State Government or any person duly authorised by it in this behalf.
(6)If any person refuses or fails to comply with an order under subsection (5), the State Government may take possession of the land and may for that purpose use such force as may be necessary.
(7)Where the land has been acquired in the aforesaid manner for the purposes referred to in sub-section (1), the State Government shall, after it has taken possession of the land, -
(a)where the Corporation pays the amount of compensation determined under section 28 and other charges incurred by the State Government in connection with the acquisition, transfer the land to the said Corporation for the purpose for which the land had been acquired, or
(b)where the Corporation does not propose to pay the aforesaid compensation and charges, hand over possession of the land to the Corporation or the purpose for which it has been acquired.