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State of Sikkim - Section

Section 3 in Sikkim Land (Requisition and Acquisition) Act, 1977

3. Power to requisition.

(1)If the State Government is of the opinion that it is necessary so to do for any public purpose, the State Government may, by order in writing, requisition any land and may make such further orders as appear to it to be necessary or expedient in connection with the requisitioning :Provided no land used for the purpose of religious worship or used by and educational of charitable institution shall be requisitioned under this Section.
(2)A Collector, when authorized by the State Government in this behalf may exercise within his jurisdiction the powers conferred by sub- section (1).
(3)An order under sub-section (1) or sub-section (2) shall be served in the manner prescribed on the owner of the land and where the land is in the occupation of an occupier, not being the owner of the land also on such occupier.
(4)If any person fails to comply with a order made under sub-section (1) or sub-section (2), the Collector or any other person authorized by him in writing in this behalf shall execute the order in such manner as he considers expedient and may,-
(a)if he is a Magistrate, enforce the delivery of possession of the land in respect of which the order has been made, to himself, or
(b)if he is not a Magistrate, apply to a Magistrate and such Magistrate shall enforce the delivery of possession of such land to him.