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State of West Bengal - Section

Section 446 in Kolkata Municipal Corporation Act, 1980

446. Acquisition of the right of user.

(1)If, at any time, it becomes necessary to acquire the right of user in any land in or around any bustee for the purpose of implementing any improvement scheme in respect of such bustee the State Government may, on the recommendation of the Corporation in this behalf, declare by notification its intention to acquire such right and invite suggestions or objections from persons likely to be affected thereby within such time as may be specified therein.
(2)Every suggestion or objection received in pursuance of the notification under sub-section (1) shall be heard by the Municipal Commissioner after giving a reasonable opportunity to all persons affected to make personal representations, if any.
(3)The Municipal Commissioner shall submit a report to the Mayor-in-Council after the hearing as aforesaid and after making such enquiry in this behalf as he may consider necessary.
(4)After considering the views of the Mayor-in-Council, the State Government may, by notification, declare that the right of user in such land shall be acquired.
(5)On the date 'of publication of such declaration under sub-section (4), the right of user in such land shall vest in the Corporation, free from all encumbrances.