THE WEST BENGAL LAND
(REQUISITION AND ACQUISITION) ACT, 1948 [Act No. 2 of 1948] [11th March, 1948.] An Act to provide for
the requisition and speedy acquisition of land for certain purposes.
WEST
BENGAL LAND (REQUISITION AND ACQUISITION) ACT, 1948
Preamble - THE WEST BENGAL LAND
(REQUISITION AND ACQUISITION) ACT, 1948PREAMBLE
It
is hereby enacted as follows:?
Section 1 - Short title, extent, commencement and duration
(1) This Act may be called the West Bengal Land
(Requisition and Acquisition) Act, 1948.
(2) It extends to the whole of West Bengal.
(3) It shall come into force at once.
[2] (4) ?It
shall remain in force until the [3]
[31st day of March, 1997.]
Section 2 - Definitions
In
this Act, unless there is anything repugnant in the subject or context,?
[4] (1a) "Calcutta" means Calcutta as
defined in the Calcutta Municipal Act, 1951;
[5] (a) "Collector" [6]
[means, in Calcutta, the First Land Acquisition Col?lector, Calcutta, and
elsewhere, the Collector of a district], and includes a Deputy Commissioner and
any officer specially ap?pointed by the State Government to perform the
functions of a Collector under this Act;
(b) ?"Court"
means a principal Civil Court of original jurisdiction, and includes the Court
of any Additional Judge, Subordinate Judge or Munsif whom the [7]
[State] Government may appoint, by name or by virtue of his office, to perform,
concurrently with any such principal Civil Court, all or any of the functions
of the Court un?der this Act within any specified local limits and, in the case
of a Munsif, up to the limits of the pecuniary jurisdiction with which he is
vested under section 19 of the Bengal, Agra and Assam Civil Courts Act,
1887; [8] * *
[9] (1b1) "incumbrance", in relation to any
land, includes all rights or in?terests of whatever nature belonging to any
tenant, licensee or trespasser or any other person;
[10] (b1) the expression "land" includes
benefits to arise out of land, and things attached to the earth or permanently
fastened to anything attached to the earth and also includes any incumbrance in
relation to such land;
[11] (b2) the expression 'person interested' includes
all persons claiming an interest in compensation to be paid on account of the
requisi?tion or acquisition of land under this Act; and a person shall be
deemed to be interested in land if he is interested in an easement affecting
the land; and
(c) ???"prescribed"
means prescribed by rules made under this Act.
Section 3 - Section 3
[12]* * * * * **********
Section 4 - Acquisition of land
(1) [13] Where any land has been requisitioned under
section 3, the State Government may use or deal with such land for any of the
purposes referred to in sub-section (1) of section 3 as may appear to it to be
expedient.
[14] (la) The State Government may acquire any land
requisitioned under section 3 by publishing a notice in the Official Gazette
that such land is required for a public purpose referred to in sub-section (1)
of section 3.
(2) ?Where 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 [15]
[State] Government free from all incumbrances and the period of requisition of
such land shall end.
Section 5 - Notice to persons interested
(1) After the publication of a notice under [16]
[sub-section (la) of section 4], the Collector shall cause public notice to be
given at convenient places on or near the land [17]
[acquired], stating that the [18]
[State] Government has acquired the land, and that claims to compensation for
all interests in such land may be made to him.
(2) [19]
[Such public notice] shall state the particulars of the land so ac?quired, and
shall require all persons interested in the land to appear per?sonally or by
agent before the Collector at a time and place therein men?tioned (such time
not being earlier than fifteen days after the date of publi?cation of the
notice), and to state the nature of their respective interests in the land and
the amount and particulars of their claims to compensation for such interests.
The Collector may in any case require such statement to be made in writing and
signed by the party or his agent.
(3) ?The Collector shall also serve notice in the
manner prescribed on the occupier (if any) of such land and on all such persons
known or believed to be interested therein, or to be entitled to act for
persons to interested, as reside or have agents authorised to receive service
on their behalf, within the revenue district in which the land is situate.
(4) ??In case any person so interested resides
elsewhere, and has no such agent, the notice shall be sent to him by registered
post in a letter ad?dressed to him at his last known residence, address or
place of business.
Section 5A - Exclusion of mines, etc.
[20] [In making an order under sub-sec?tion (1) of
section 3 or in publishing a notice under sub-section (la) of sec?tion 4, the
State Government may mention in the order or the notice that mines of coal,
iron-stone, slate or other minerals lying under the land or any particular
portion of the land are not needed and thereupon reference to the land shall be
construed as excluding such mines or minerals.]
Section 6 - Release from requisition
(1) Where any land requisitioned un?der section 3 is
not acquired and is to be released from requisition, the [21]
[State] Government may, after making such inquiry, if any, as it consid?ers
necessary, specify by order in writing the person who appears to it to be
entitled to the possession of such land.
(2) The delivery of possession of such land to the
person specified in the order made under sub-section (1) shall be a full
discharge of any liability of the [22]
[State] Government [23]
[for any claim for compensation or other claim in respect of such land for any
period after the date of delivery] but shall not prejudice any right in respect
of such land which any other person may be entitled by due process of law to
enforce against the person to whom posses?sion of the land is so delivered.
(3) Where the person [24] [specified
in the order made under sub-section (1)] cannot be found or is not readily
traceable or has no agent or other person empowered to accept delivery on his
behalf, the [25]
[State] Govern?ment shall publish in the Official Gazette a notice declaring
that such land is released from requisition and shall cause a copy thereof to
be affixed on some conspicuous part of such land.
(4) When a notice referred to in sub-section (3) is
published in the Official Gazette, the land specified in such notice shall
cease to be subject to requisi?tion on and from the date of such publication
and shall be deemed to have been delivered to the person [26]
[specified in the order made under sub-section (1)]; and the [27]
[State] Government shall not be liable for any compensation or other claims in
respect of such land for any period after the said date.
Section 7 - Compensation
(1) Wherever any land is acquired under section 4 there
shall be paid [28]
[to every person interested] compensation the amount of which shall be
determined by the Collector in the manner and in accordance with the principles
set out [29] [in sub-sections (1),
(1A) and (2) of sec?tion 23] of the Land Acquisition Act, 1894 [30]
[, so far as they may be appli?cable] :
Provided that the market value referred to in
clause first of sub-section (1) of section 23 of the said Act shall, in respect
of any land acquired under this Act, be deemed to be the market value of such
land on the date of publication of the notice referred to in [31]
[sub-section (la) of section 4].
[32]* * * * * * * * *
[33]* * * * * *****
(2) [34](a)
When the compensation has been determined under sub-section (1) the Collector
shall make an award in accordance with the principles set out in section 11 of
the Land Acquisition Act, 1894, [35]
[and the amount re?ferred to [36]{in
sub-sections (1), (1A) and (2) of section 23} of that Act shall also be
included in the award]:
[37]Provided that interest at rate of [38]
[nine per centum] per annum on the amount of compensation under the award from
the date of the publication of the notice under sub-section (la) of section 4
until payment shall be in?cluded in the amount payable under the award:
[39]Provided further that if such compensation or any
part thereof is not paid or deposited within a period of one year from the date
of publication of the notice under sub-section (la) of section 4, interest at
the rate of fifteen per centum per annum shall be payable from the date of
expiry of the said period of one year on the amount of compensation or part
thereof which has not been paid or deposited before the date of such expiry.
[40] (aa) (i) Such award shall be filed in the
Collector's office and shall, except as hereinafter provided, be final and
conclusive evidence, as between the Collector and the persons interested in the
land, whether they have respectively appeared before the Collector or not, of
the true area and value of the land, and the apportionment of the compensation
among the persons interested;
(ii) the Collector shall give in the prescribed
manner immediate no?tice of his award to such of the persons interested in the
land as are not present personally or by their representatives when the award
is made.
[41] (b) Upon an award being made under clause (a), the
Collector shall proceed to make payment in accordance with the provisions of
sections 31 to 33 of the Land Acquisition Act, 1894, so far as they may be
applicable.
(3) ??Where any land is requisitioned under section
3, there shall be paid to every person interested [42]
[compensation], in respect of?
(a) the requisition of such land; and
(b) any damage done during the period of requisition to
such land other than what may have been sustained by natural causes.
[43] (4) The principle to be followed in determining
compensation under sub-section (3) shall be as follows, namely:?
(i) ???where
the Collector and the person interested agree as to the compensation, the
Collector shall make an award ordering pay?ment of the agreed compensation;
(ii) ??where
the person interested cannot be traced or does not appear before the Collector
when called upon to be present for the pur?pose of the determination of the
compensation, such amount shall be determined as compensation as appears reasonable
to the Collector having regard to the facts and circumstances of the case and
the Collector shall make an award ordering payment of the compensation so
determined;
(iii) ??where
there is any disagreement between the Collector and the person interested, the
compensation payable shall be the amount determined by the Court on reference
made by the Collector under clause (b) of sub-section (1) of section 8.
Section 7A - Award by Collector
[44] [The Collector shall make an award un?der sub-section
(2) of section 7 within a period of three years from the date of publication of
the notice in the Official Gazette under sub-section (la) of section 4
(hereinafter referred to as the said notice), and if such award is not made
within the period as aforesaid, the said notice shall lapse:
Provided that in a case where the said notice has
been published more than two years before the commencement of the West Bengal
Land (Requi?sition and Acquisition) (Amendment) Act, 1994, the award shall be
made within a period of one year from the date of commencement of that Act.
Explanation.? In computing the period of three
years or one year, as the case may be, under this section, the period during
which any action or proceeding to be taken in pursuance of the said notice is
stayed by an order of a Court having jurisdiction, shall be excluded.]
Section 8 - Reference to Court
(1) The Collector shall in every case?
(a) where [45]
[any person interested being aggrieved by an award made under sub-section (2)
of section 7 or clause (ii) of sub-section (4) of that section] makes an
application requiring the matter to be referred to the Court; or
(b) where there is any disagreement with regard to the
compensation payable under sub-section (3) of section 7 between the Collec?tor [46]
[and any person interested in compensation,]
refer the matter to the decision of the Court.
[47] (2) The provisions of sub-section (2) of section
18 and of sections 19 to 22 and of [48]
[sections 25 to 28A] of the Land Acquisition Act, 1894, and the principles set
out in sub-section (1) and in clause (a) of sub-section (2) of section 7 of
this Act, shall, so far as they may be applicable, apply in respect of any
reference made to the Court under sub-section (1).
[49]Explanation.? The notice given under sub-clause
(ii) of clause (aa) of sub-section (2) of section 7 shall be deemed to be the
notice under sub-section (2) of section 12 of the Land Acquisition Act, 1894
for the purposes of the proviso to section 18 thereof.
Section 8A - Appeal
[50] [The provisions of the Code of Civil Procedure,
1908 relating to appeals shall apply to an award made by the court on a
reference under section 8 as if such award were an original decree passed by
the court in exercise of its civil jurisdiction.]
Section 8B - On account payment of compensation in advance
[51] [(1) Where the State Government requisitions any
land under sub-section (1) of section 3 and decides to acquire it under
sub-section (la) of section 4, it may, not?withstanding anything contained in
the foregoing provisions of this Act, immediately after taking possession of
such requisitioned land?
(i) make an estimate about the amount which is likely
to be deter?mined, under sub-section (1) of section 7, as compensation for
acquisition of such land, and
(ii) ?make a summary inquiry about the person or
persons interested in such land,and after taking such security as it may think
fit and proper, make to such person or persons advance (on account) payment
towards compensation up to eighty per centum of the aforesaid amount:
Provided that nothing in this section shall affect
the liability of any per?son, who receives compensation in advance in the
manner indicated above, to pay the same to the person lawfully entitled
thereto.
(2) ?A Collector, when authorised by the State
Government in this behalf, may exercise within his jurisdiction the powers
conferred by sub-section (1).]
Section 9 - Power to enter upon land, etc.
The [52]
[State] Government may, with a view to requisitioning any land or for the
purpose of determination by the Collector of the amount of compensation payable
under this Act, by order,?
(a) require any person to furnish to such authority as
may be speci?fied in the order such information in his possession relating to
the [53] [land] as may be
specified;
[54]* * * * * * * *
(c) ?authorise any person to perform in respect of
any land all or any of the functions referred to in sub-section (2) of section
4 of the Land Acquisition Act, 1894.
Section 10 - Penalty
If any person contravenes any order made under this
Act he shall be punishable with imprisonment for a term which may extend to one
year or with fine which may extend to two thousand rupees or with both.
Section 11 - Saving
Save as otherwise expressly provided in this Act,
no decision or order made in exercise of any power conferred by or under this
Act shall be called in question in any Court.
Section 12 - Protection of action taken under this Act
(1) No suit, pros?ecution or other legal proceeding
shall lie against any person for anything which is in good faith done or
intended to be done in pursuance of this Act or any order made thereunder.
(2) Save as otherwise expressly provided in this Act,
no suit or other legal proceeding shall lie against the [55]
[State] Government for any damage caused or likely to be caused by anything in
good faith done or intended to be done in pursuance of this Act or any order
made thereunder.
Section 12A - No stamp duty to be paid for award or agreement and no fees to be paid for copies thereof
[56] [No award or agreement made un?der this Act shall
be chargeable with stamp duty, and no person claiming under any such award or
agreement shall be liable to pay any fee for a copy thereof.]
Section 13 - Power to make rules
(1) The [57]
[State] Government may make rules for carrying out the purposes of this Act.
(2) In particular and without prejudice to the
generality of the foregoing powers, such rules may provide for all or any of
the following matters, namely:?
(a) the manner of service of orders on the owner or
occupier of land referred to in sub-section (2) of section 3; and
(b) the manner of service of notice on the persons
referred to in sub-section (3) of section 5.
[1] The preamble first Substituted by W.B. Act 12 of
1957, then again Substituted by W.B. Act 22 of 1974 after facing some changes
by W.B. Act 16 of 1970 and W.B. Act 10 of 1973. Previous preamble was as
under:?
"Whereas it is expedient to provide for the
requisition and speedy acqui?sition of land for the purposes of maintaining
supplies and services es?sential to the life of the community, for providing
proper facilities for transport, communication, irrigation or drainage and for
the creation of better living conditions in urban or rural areas by the
construction or re?construction of dwelling places in such areas or for
purposes connected therewith or incidental thereto.".
[2] Words, figures and letters first
Substituted in this sub-sec. by W.B. Act 7 of 1951, W.B. Act 8 of 1954, W.B.
Act 12 of 1957, W.B. Act 7 of 1962, W.B. Act 3 of 1967 and W.B. Act 7 of 1972,
then sub-section (4) Substituted by W.B. Act 15 of 1977, w.e.f. 1.4.1977.
[3] Words, figures and letters Substituted
here by W.B. Act 69 of 1978, W.B. Act 41 of 1983, W.B. Act 4 of 1989, and
finally the words, figures and letters within third brackets Substituted for
the words, figure and letters "31st day of March, 1994," by W.B. Act 14
of 1994.
[4] Clause (la) Inserted by W.B. Act 7 of
1964.
[5] Clause (a) Substituted by W.B. Act 8 of
1954, which was earlier as under:? '(a) "Collector", "land"
and "person interested" have the same meanings as in the Land
Acquisition Act, 1894:'.
[6] Words Substituted for the words
"means the Collector of a district" by W.B. Act 7 of 1964.
[7] Word Substituted for the word
"Provincial" by the Adaptation of Laws Order, 1950.
[8] Word "and" omitted by W.B.
Act 8 of 1954.
[9] Clause (lbl) Inserted by W.B. Act 10 of
1973.
[10] Clause (bl) first Inserted by W.B. Act
8 of 1954. then Substituted by W.B. Act 10 of 1973. Previous clause (bl) was as
under:? "(bl) 'land' has the same meaning as in the Land Acquisition Act,
1894;".
[11] Clause (b2) Inserted by W.B. Act 8 of
1954.
[12] section 3 omitted by W. B. Act 14 of
1994, w.e.f. 1.4.1994, which was as under:-
"3. Power to requisition.?
(1)
If the State Government is of the opinion that it is necessary so to do for
maintaining supplies and services essential to the life of the community or for
increasing employment opportunities for the people by establishing commercial
estates and industrial estates in different areas or for providing proper
facilities for transport, communication, irrigation or drainage, or for the
creation of better living conditions in rural or urban areas, not being an
industrial or other area excluded by the State Government by a notification in
this behalf, by the construction or reconstruction of dwelling places in such
areas or for purposes connected therewith or incidental thereto, the State
Government may, by order in writing, requisition any land and may make such
further orders as appear to it to be necessary or expedient in connection with
the requisitioning:
Provided that no land used for the purpose of
religious worship or used by an educational or charitable institution shall be
requisitioned under this section.
(1A)
A Collector of a district, an Additional District Magistrate or the First Land
Acquisition Collector, Calcutta when authorised by the State Government in this
behalf, may exercise within his Jurisdiction the powers conferred by
sub-section (1).
(2)
An order under sub-section (1) shall be served in the prescribed manner on the
owner of the land and where the order relates to land in occupation of an
occupier, not being the owner of the land, also on such occupier.
(3)
If any person fails to comply with an order made under sub-section (1), the
Collector or any person authorised by him in writing in this behalf shall
execute the order in such manner as he considers expedient and may,?
(a) if he is a Magistrate, enforce the delivery of
possession of the land in respect of which the order has been made to himself,
or
(b) if he is not a Magistrate, apply to a
Magistrate or, in Calcutta as defined in clause (11) of section 5 of the
Calcutta Municipal Act, 1951, to the Commissioner of Police, and such
Magistrate or Com?missioner, as the case may be, shall enforce the delivery of
posses?sion of such land to him.".
[13] Sub-sec. (1) Substituted by W.B. Act 8
of 1954, which was earlier as under:?
"(1)
Where any land has been requisitioned under section 3 the Provin?cial
Government may use or deal with it in such manner as may appear to it to be
expedient and may acquire such land by publishing in the Official Gazette, a
notice to the effect that the Provincial Government has decided to acquire such
land in pursuance of this section.".
[14] Clause (la) Inserted by W.B. Act 8 of
1954.
[15] Word Substituted for the word
"Provincial" by the Adaptation of Laws Order, 1950.
[16] Words, figures, letter and brackets
Substituted for the words, figures and brackets "sub-section (1) of
section 4" by W.B. Act 8 of 1954.
[17] Word Substituted for the words "to
be taken" by W.B. Act 8 of 1954.
[18] Word Substituted for the word "Provincial"
by the Adaptation of Laws Order, 1950.
[19] Words Substituted for the words
"Such notice" by W.B. act 8 of 1954.
[20] section 5A Inserted by W.B. Act 25 of
1956.
[21] Word Substituted for the word
"Provincial" by the Adaptation of Laws Order, 1950.
[22] Word Substituted for the word
"Provincial" by the Adaptation of Laws Order, 1950.
[23] Words Substituted for the words
"to deliver possession to such person as may have rightful claim to
possession thereof by W.B. Act 8 of 1954.
[24] Words Substituted for the words
"to whom the possession of any land requisitioned under section 3 is to be
delivered" by W.B. Act 8 of 1954.
[25] Word Substituted for the word
"Provincial" by the Adaptation of Laws Order, 1950.
[26] Words Substituted for the words "entitled
to possession thereof" by W.B. Act 8 of 1954.
[27] Word Substituted for the word
"Provincial" by the Adaptation of Laws Order, 1950.
[28] Words Inserted by W.B. Act 8 of 1954.
[29] Words, figures, letter and brackets
Substituted for the words, figures, and brackets "in sub-section (1) of
section 23" by W.B. Act 25 of 1996.
[30] Words Inserted by W.B. Act 7 of 1951.
[31] Words, figures, letter and brackets
Substituted for the words, figures and brackets "sub-section (1) of
section 4" by W.B. Act 8 of 1954.
[32] This proviso first Inserted by W.B. Act
7 of 1964, then omitted by W.B. Act 25 of 1996. The proviso was as under:?
"Provided further that in respect of any land
in Calcutta which, immedi?ately before the 1st day of January, 1964,
constituted a bustee as de?fined in clause (10) of section 5 of the Calcutta
Municipal Act, 1951, the amount of compensation to be paid on account of
acquisition to the per?sons interested shall be determined in the manner and in
accordance with the principles set out in sub-section (1) of section 7 of the
Calcutta Slum Clearance and Rehabilitation of Slum-dwellers Act, 1958, so far
as they may be applicable.".
[33] Proviso omitted by W.B. Act 8 of 1954.
The proviso was as under:?
"Provided further that if such market value
exceeds by any amount the market value of the land on the 31st day of December,
1946 on the assumption that the land had been at that date in the state in
which it in fact was on the date of publication of the notice referred to in
sub-section (1) of section 4, the amount of such excess shall not be taken into
consideration."
[34] Sub-section (2) renumbered as clause
(a) and after such renumbering the proviso Inserted by W.B. Act 8 of 1954.
[35] Words, brackets and figures Substituted
for the words, brackets and figures "and no amount referred to in
sub-section (2) of section 23 of that Act, shall be included in the award"
by W.B. Act 69 of 1978.
[36] Words, figures and brackets Substituted
for the words, figures and brackets "in sub-section (2) of section
23" by W.B. Act 25 of 1996.
[37] Sub-section (2) renumbered as clause
(a) and after such renumbering the proviso Inserted by W.B. Act 8 of 1954.
[38] Words Substituted for the words
"six per centum" by W.B. Act 4 of 1989.
[39] Proviso Inserted by W.B. Act 4 of 1989.
[40] Clause (aa) Inserted by W.B. Act 12 of
1957.
[41] Clause (b) Inserted by W.B. Act 8 of
1954.
[42] Word Substituted for the words
"such compensation as may be agreed upon in writing between such person
and the Collector" by W.B. Act 8 of 1954.
[43] Sub-section (4) Inserted by W.B. Act 8
of 1954.
[44] Section 7A Inserted by W.B. Act 25 of
1996.
[45] Words, figures and brackets Substituted
for the words, figures and brackets "any person aggrieved by an award made
under sub-section (2) of section 7" by W.B. Act 8 of 1954.
[46] Words Substituted for the words and
figure "and the person to whom possession of any land is delivered under
section 6," by W.B. Act 8 of 1954.
[47] Sub-section (2) Substituted by W.B. Act
8 of 1954, which was earlier as under:?
"(2)
The provisions of the Land Acquisition Act, 1894, shall mutatis mutan?dis apply
in respect of any reference made to the Court under sub-section (1)."
[48] Words figures and letter Substituted
for the words and figures "sections 25 to 28" by W.B. Act 4 of 1989.
[49] Explanation Inserted by W.B. Act 12 of
1957.
[50] section 8A Inserted by W.B. Act 29 of
1962.
[51] section 8B Inserted by W.B. Act 22 of
1974.
[52] Word Substituted for the word
"Provincial" by the Adaptation of Laws Order, 1950.
[53] Word Substituted for the word
'property" by W.B. Act 8 of 1954.
[54] Clause (b) omitted by W.B. Act 8 of
1954, which was as under:?
"(b)
direct that the owner or occupier of the land shall not dispose of it or alter
it till the expiry of such period as may be specified in the order;".
[55] Word Substituted for the word
"Provincial" by the Adaptation of Laws Order, 1950.
[56] section 12A Inserted by W.B. Act 8 of
1954.
[57] Word Substituted for the word
"Provincial" by the Adaptation of Laws Order, 1950.