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[Cites 0, Cited by 0] [Section 5A] [Entire Act]

State of West Bengal - Subsection

Section 5A(11) in West Bengal Land Reforms Rules, 1965.

(11)The Block Land and Land Reforms Officer or the Sub-divisional Land and Land Reforms Officer or the District Land and Land Reforms Officer, as the case may be, shall after considering the facts and circumstances of the case and after giving the applicant and other concerned persons including bargadar, if any, an opportunity of being heard, by order in writing, either reject the application or direct change, conversion or alteration as sought for on the following terms and conditions and such other terms and conditions as he may think necessary:
(a)that the order directing change, conversion or alteration is without prejudice to any of the provisions of Chapter-IIB of the said Act;
(b)that the order directing change, conversion or alteration is without prejudice to the provision of sub-section (3) of section 6 of the West Bengal Estates Acquisition Act, 1953 (West Bengal Act No. 1 of 1954);
(c)that where the land is situated within any urban agglomeration within the meaning of the Urban Land (Ceiling and Regulation) Act, 1976 (33 of 1976), the order directing change, conversion or alteration is without prejudice to the provisions of the said Act;
(d)that where the land is situated within the jurisdiction of a Development Authority constituted under the West Bengal Town and Country (Planning and Development) Act, 1979 (West Bengal Act 13 of 1979), the order directing change, conversion or alteration is without prejudice to the provisions of the said Act;
(e)that where the land is situated within the areas of East Kolkata Wetlands as defined in the East Kolkata Wetlands (Conservation and Management) Act, 2006 (West Bengal Act No. 7 of 2006), the order directing change, conversion or alteration is without prejudice to the provisions of the said Act;
(f)that where the object of change or conversion is to use the land for a purpose for which approval or permission or licence from an appropriate authority is necessary, the order directing change, conversion or alteration is subject to obtaining such approval or permission or licence from such authority as soon as the order granting change or conversion as sought for is made; and
(g)that where the application relates to permission for change, conversion or alteration of any land having water body, the order directing change, conversion or alteration is subject to creation of compensatory water body of equal or larger size of such water body within a period of 90 days from the date of issue of the order granting change, conversion or alteration as sought for is made.