Section 5 in The West Bengal Restoration of Alienated Land Act, 1973
5. Effect of order or restoration of land.
(1)When the Special Officer makes an order under sub-section (4) of section 4 restoring any land to the transferor, such order shall have effect on the 1st day of Baisakh next following the date of the order.(2)From the date on which an order under sub-section (4) of section 4 takes effect under sub-section (1) of this section, the right, title and interest in the land accruing to the transferee or the person in possession as a result of the transfer referred to in sub-section (1) of section 4 shall, subject to the provisions of sub-section (7) of section, be deemed to have vested in the transferor free from all encumbrances, if any, which have been created after the date of such transfer.(3)[ If on or before the date on which an order made under sub-section (4) of section 4 takes effect under sub-section (1) of this section, the person in possession of the land as a result of the transfer referred to in sub-section (1) of section 4 has not delivered possession of such land to the transferor, the Special Officer may of his own motion, and shall, on the application of the transferor, execute the order in such manner as he considers expedient, and may, -] [[Sub-Section (3) Substituted by W.B. Act 56 of 1980, which was earlier as under:'(3) If on or before the date on which an order under sub-section (4) of section 4 takes effect under sub-section (1) of this section, the person in possession of the land as a result of the land as a result of the transfer referred to in sub-section (1) of section 4 has not delivered possession of such land to the transferor, the Special Officer may of his own motion, and shall, on the application of such transferor, eject such person and place such transferor in possession of such land.']](a)if he is an Executive Magistrate, enforce the delivery of possession of such land to the transferor with the help of the police, or(b)if he is not an Executive Magistrate, apply to an Executive Magistrate having jurisdiction and thereupon such Magistrate shall enforce the delivery of possession of such land to the transferor with the help of the police.
