Section 4A in The West Bengal Public Land (Eviction Of Unauthorised Occupants) Act, 1962
4A. [ Power to recover damages. [[Section 4A first substituted by W.B. Act 36 of 1963, then again substituted by W.B. Act 49 of 1976. Previous Section 4A was as under :-
'4A. Power to recover damages. - When an order of eviction has been made under clause (a) of sub-section (1) of section 4 in respect of any public land, the Collector may, upon application made by an officer of the owner of the public land authorised in this behalf by the owner, make an order directing any person who is, or has at any time been, in unauthorised occupation of the public land to pay for the period during which he has or had been in such occupation, damages at such rate, not exceeding double the rate of rent prevailing for similar lands which similar advantages in the vicinity, as may be prescribed, with such time as may be specified in the order:Provided that no such order shall be made against any person without giving him an opportunity of showing cause against the order proposed to be made.'.]]- When in order of eviction has been made under sub-section (1) of section 4 in respect of any public land, the Collector may, upon application made by an officer of the owner of the public land authorised in this behalf by the owner, make an order directing any person who is, or has at any time been, in unauthorised occupation of the public land to pay for the period during which he has or had been in such occupation, damages at such rate not exceeding per annum -(i)in the case of agricultural land, twenty-five per centum of the money value of the gross annual produce of such land, and(ii)in any other case, ten per centum of the market value of the land,within such time as may be specified in the order:Provided that no such order shall be made against any person without giving him an opportunity of showing cause against the order proposed to be made.]
