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Section 7

The West Bengal Acquisition And Settlement Of Homestead Land Act, 1969State Act of West Bengal · Act 15 of 1969

(1) After demarcation of the land under section 6 Acquithe Collector shall, by publishing in the Oj7lcial .Gazette _ttTinb'th e and in such other manner as may be prescribed a notice in conueotyor.

this behalf, acquire the land so demarcated with effect from such date as may be specified in the notice.

(2) When a notice is published under sub-section (1) in respect of any land such land shall, with effect from the date specified in the notice, vest absolutely in. the State Government free from all encumbrances.

8. When any land is acquired under section 1 there componshall be paid compensation for such acquisition to every Elation.

person interested and the amount of compensation shall be equivalent to twenty times of the annual revenue or rent, as the case may be, of such land to be determined by the Collector in the prescribed manner for the Purpose of such compensation.

The West Bengal Acquisition and Settlement of Homestead Land Act, 1969.

[WeSt Ben. Act (Sections 9, 10.)

Eaplanation.—The expression "person interested" includes all persons claiming an interest in compensation to be paid on account of the acquisition of land under the provisions of this Act and a person shall be deemed to be interested in land if he is interested in an easement affecting the land.

Apportion- 9. Where there are several persons interested in the meat of oompensaland acquired under section 7, the Collector shall by order tion. apportion the compensation among such persons in accordance with the nature and extent of interest held by each such person.

Occupier not liable o be evicted.

10. (/) An occupier shall not be liable to be evicted ordispossessed from the land demarcated under section 6, notwithstanding any judgment, decree or order of any courti for such eviction or dispossession.

(2) In any suit or proceeding in any court for the eviction of an occupier from the land in his possession, including any such suit or proceeding pending on the date of coming into force of this Act, the occupier may—

(a) if he has made an application under section 4, file A petition. to the court supported by a certificate from the Collector to the effect that he has done SA;

(?b) if an inquiry has been started by the Collector on his own motion under sub-section (2) of section 5, file a petition to the court supported by a certificate from the Collector to the effect that the Collector has started the inquiry;

if he has not made an application under section 4 and if no inquiry has been started by the Collector On his own motion under sub-section (2) of section 5, file a petition to the court stating that he intends to make an application under section. 4.

(3) On receipt of a petition under sub-section (2), the court shall,— ,(a) if the occupier has made an application under section 4, stay the suit or the proceeding till the disposal of the application;

(1)) if an inquiry has been started by the Collector on his own motion under sub-section (2) of section 5, stay the suit or the proceeding till the inquiry is made

(0) The West Bengal Acquisition and Settlement of Homestead 5 Land Act, 1969.

XV oV 1969.]

(Sections 11-13.) - if the , occupier has not made an application under section 4 and if no inquiry has been started by the Collector on his own motion under subsection (2) of section 5, direct the occupier to file a certificate from the Collector within a period of three months or within such further period as the court may grant stating that an application under section 4 has been made and on the filing of such certificate stay the suit or the proceeding till the disposal of the application by the Collector.

(4) The certificate referred to in clauses (a) and (b) of sub-section (2) shall, on application by an occupier, be issued by the Collector in such manner as may be prescribed.

Where this provision sits

ActThe West Bengal Acquisition And Settlement Of Homestead Land Act, 1969
Section7
JurisdictionState of West Bengal
StatusIn force as published by the source

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