(1) Whenever it appears to the State Government that it is necessary for the purpose of implementing any improvement scheme prepared under this Act in respect of any slum area that the right of user in any land in or around such slum area should be acquired,—
(a) for the purpose of laying or erection of any cable.
wire, pipe, post, drain, sewer main or channel through, across, under or over any road, passage, footway or pathway, or
(b) for the installation of any equipments or appliances, or
(c) for the construction of any other work, the State Government may, by notification, and in such other manner as may be prescribed, declare its intention to acquire
(a) 'ART V] THE CALCUTTA GAZETTE, EXTRA ORDINARY, JANUARY 25, 1971 396 (e) over which the right of user is to be acquired and inviting suggestions or objections from persons likely to be affected thereby within such time as may be prescribed.
(2) Every suggestion or objection received in pursuance of the notification referred to in sub-section (1) shall be forwarded by the State Government to the prescribed authority and 'the prescribed authority shall after giving a reasonable opportunity of being heard, to all the affected persons and after making such inquiry as it may consider necessary, submit a report to the State Government stating its views thereon and the State Government may, after considering the views of the prescribed authority, by notification, declare that the right of user in the land should be acquired.
(3) On the date of publication of the declaration under sub-section (2), the right of user in the land shall vest absolutely in the State Government free from all incumbrances.
(4) Notwithstanding anything contained in sub-section
(3), the State Government, on such terms and conditions as it may think fit to impose, direct by order in writing that the right of user in the land shall, instead of vesting in the State Government, vest in the prescribed authority on the date of publication of the declaration.
(5) If, within a period of three years from the date of issue of the notification under sub-section (1), no declaration is published under sub-section (2), such notification shall cease to have effect on the expiration of that period.
12. Where the right of user in any land has vested in the prescribed authority under section 11, it shall be lawful for any person authorised by such prescribed authority to enter into or upon the land and do all things necessary for carrying out the works of improvement referred to in subsection (1) of section 11 and take such steps as are necessary for the repair and maintenance of such works.