Section 5 in The West Bengal Requisitioned Land (Continuance of Powers) Act, 1951
5. Power to acquire requisitioned land.
(1)Subject to the provisions of sub-section (3), the State Government may, at any time when any requisitioned land continues to be subject to requisition under section 3, [acquire such land for a public purpose] [Words Substituted for the words 'acquire such land' by W.B. Act 10 of 1954.] by publishing in the Official Gazette a notice to the effect that such Government has [decided so to acquire] [Words Substituted for the words 'decided to acquire' by W.B. Act 10 of 1954.] such land in pursuance of this section:[Provided that before issuing such notice, the State Government shall call upon the owner of, or any person who, in the opinion of the State Government, may be interested in, such land to show cause why the land should not be so acquired; and after considering the cause, if any shown and after giving the parties an opportunity of being heard, the State Government may pass such orders as it deems fit.] [Proviso added by W.B. Act 10 of 1954.](2)When a notice as aforesaid is published in the Official Gazette, the requisitioned land shall, on and from the beginning of the day on which the notice is so published, vest absolutely in the State Government free from all encumbrances and the period of requisition of such land shall end.(3)No requisitioned land shall be acquired under this section except in the following circumstances, namely :-(a)where any works have during the period of requisition been constructed on, in or over the land wholly or partly at the expense of Government and the State Government decides that the value of, or the right to use, such works should be preserved or secured for purposes of the State Government; or(b)where the cost of restoring the land to its determination of the State Government, be excessive having regard to the value of the land at that time [and the owner declines to accept release from requisition of the land without payment of compensation for so restoring the land] [Words within square brackets added by W.B. Act 10 of 1954.].(4)Any decision or determination of the State Government under sub-section (3) shall be final, and shall not be called in question in any Court.(5)For the purposes of clause (a) of sub-section 3 "works" includes buildings, structures and improvements of every description.
