54. Transfer to Board for purposes of improvement scheme, of building or land vested in the Commissioners of Municipality.
(1)Whenever any building, or any street, square or other land, or any part thereof, which -(a)[ is situated in the Howrah Municipal Corporation and is vested therein, or] [[Clause (a) substituted by W.B. Act 15 of 1995. Previous clause (a) was as under :-'(a) is situated in the Howrah Municipality or In the Bally Municipality and is vested In the Commissioners thereof, or'.]](b)is situated in any part of [any Municipality of Howrah] [Words substituted for the words 'any other Municipality' by W.B. Act 15 of 1995.] constituted under the Bengal Municipal Act, 1932, in which this Act is for the time being in force, and is vested in the Commissioners of that Municipality,is within the area of any improvement scheme and is required for the purposes of such scheme, the Board shall [give notice accordingly to the Mayor and the Chairman] [Words substituted for the words 'give notice accordingly to the Chairman' by W.B. Act 15 of 1995.] of the Municipality concerned and such building, street, square, other land or part, shall thereupon vest in the Board, subject, in the case of any building, or any land, not being a street or square to the payment of compensation, if any, [to the Howrah Municipal Corporation or the Municipality concerned, as the case may be,] [Words substituted for the words 'to the Commissioners of the Municipality concerned' by W.B. Act 15 of 1995.] under sub-section (3):Provided that [the Mayor or the Councillors of the Municipality concerned, as the case may be,] [Words substituted for the words 'the Commissioners of the Municipality concerned' by W.B. Act 15 of 1995.] shall be allowed reasonable opportunity to remove at their own cost any underground pipes, cables or other fixtures belonging to them, if they so desire.(2)When any land, not being a street or square, vests in the Board under the provisions of sub-section (1) and the Board make a declaration that such land will be retained by the Board only until it [re-vests in the Howrah Municipal Corporation or the Municipality concerned, as the case may be,] [Words substituted for the words 're-vests In the Municipality concerned' by W.B. Act 15 of 1995.] as part of a street, park, lake or garden under section 65 no compensation shall be payable by the Board [to the Howrah Municipal Corporation or the Municipality concerned, as the case may be,] [Words substituted for the words 'to the Commissioners of the Municipality concerned' by W.B. Act 15 of 1995.] in respect of that land.(3)Where any land, not being a street or square, or building vests in the Board under sub-section (1) and no declaration is made by the Board that the land will be so retained, the Board shall pay to [the Howrah Municipal Corporation or the Municipality concerned, as the case may be,] [Words substituted of the words 'the Commissioners of the Municipality concerned,' by W.B. Act 15 of 1995.] as compensation a sum equal to the market value of the said land or building as on the date of the publication of the notification under section 51 and where any building, situated on land in respect of which a declaration has been made by the Board under sub-section (2), is vested in the Board under sub-section (1), like compensation shall be payable in respect of such building by the Board.(4)If, in any case where the Board have made a declaration in respect of any land under sub-section (2), the Board retain or dispose of the land contrary to the terms of the declaration, so that the land does not [re-vest in the Howrah Municipal Corporation or the Municipality concerned, as the case may be,] [Words substituted for the words 're-vest In the Commissioners of the Municipality concerned' by W.B. Act 15 of 1995.] as contemplated under such declaration, the Board shall pay to [such Corporation or Municipality, as the case may be,] [Words substituted for the words 'such Commissioners' by W.B. Act 15 of 1995.] compensation in respect of such land in accordance with the provisions of sub-section (3).(5)If any question or dispute arises -(a)as to whether compensation is payable under sub-section (3) or sub-section (4), or(b)as to the sufficiency of the compensation paid or proposed to be paid under sub-section (3) or sub-section (4), or(c)as to whether any building, street, square or other land, or any part thereof is required for the purposes of the scheme,the matter shall be referred to the State Government whose decision shall be final.
