Section 11 in The West Bengal Slum Areas (Improvement And Clearance) Act, 1972
11. Right of user to vest in State Government or prescribed authority.
(1)Whenever it appears to the State Government that it is necessary for the purpose of implementing any improvement scheme prepared under this Act in respect of any slum area should be acquired, -(a)for the purpose of laying or erection of any cable, wire, pipe, post, drain, sewer main or channel through, across, under or over any road, passage, footway or pathway, or(b)for the installation of any equipments or appliances, or(c)for the construction of any other work, the State Government may, by notification, and in such other manner as may be prescribed, declare its intention to acquire the right of user therein, giving a brief description of the land over which the right of user is to be acquired and inviting suggestions or objections from persons likely to be affected thereby within such time as may be prescribed.(2)Every suggestion or objection received in pursuance of the notification referred to in sub-section (1) shall be forwarded by the State Government to the prescribed authority and the prescribed authority shall after giving a reasonable opportunity of being heard, to all the affected persons and after making such inquiry as it may consider necessary, submit a report to the State Government stating its views thereon and the State Government may, after considering the views of the prescribed authority, by notification, declare that the right of user in the land should be acquired.(3)On the date of publication of the declaration under sub-section (2), the right of user in the land shall vest absolutely in the State Government free from all encumbrances.(4)Notwithstanding anything contained in sub-section (3), the State Government, on such terms and conditions as it may think fit to impose, may direct by order in writing that the right of user in the land shall, instead of vesting in the State Government, vest in the prescribed authority on the date of publication of the declaration.(5)If, within a period of three years from the date of issue of the notification under sub-section (1), no declaration is published under sub-section (2), such notification shall cease to have effect on the expiration of that period.
