Section 5 in The West Bengal Land Development And Planning Act, 1948
5. Preparation and sanctioning of development scheme.
(1)The [State] [Word substituted for the word 'Provincial' by the Adaptation of Laws Order, 1950.] Government may direct the prescribed authority, or, if it so thinks fit in any case, authorise any Company or local authority, to prepare, in accordance with the rules, a development scheme in respect of any notified area and thereupon such scheme shall be prepared accordingly and submitted, together with such particulars as may be prescribed by the rules, to the [State] [Word substituted for the word 'Provincial' by the Adaptation of Laws Order, 1950.] Government for its sanction :[Provided that no scheme shall be necessary for acquisition of land for the public purpose specified in sub-clause (i) of clause (d) of section 2.] [Proviso inserted by W.B. Act 23 of 1955.](2)A development scheme submitted to the [State] [Word substituted for the word 'Provincial' by the Adaptation of Laws Order, 1950.] Government under sub-section (1) [may after taking into consideration any report submitted under sub-section (2) of section 4A, be sanctioned] [Words substituted for the words 'may be sanctioned' by W.B. Act 23 of 1955.] by it either without any modification or subject to such modifications as it may deem fit.(3)[ Notwithstanding anything contained in the foregoing sub-sections or any rules made under this Act or in any judgment, decree or order of any Court, any development scheme prepared, approved or sanctioned by the State Government before the commencement of the West Bengal Land Development and Planning (Amendment) Act, 1957 shall be deemed to be and to have always been a scheme duly sanctioned under sub-section (2)] [Sub-Section (3) inserted by W.B. Act 29 of 1957.].
