(1) Whenever it appears to the State Government that it is Right of user necessary for the purpose of implementing any improvement scheme Lv " '" prepared under this Act in respect of any slum area that the right of user c„,,„„„,„,„t in any land in or around such slum area should be acquired,— or prescribed authority. (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 the right of user therein, giving a brief description of the land 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.
67 The West Bengal Slum Areas (Improvement and Clearance) Act, 1972.
[West Ben. Act (Sections 12, 13.)
(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, may 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 subsection (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 suband maintenance of such works.
Slum 13. (1) Where it appears to the prescribed authority that in view of the Clearance unhealthy, unhygienic, insanitary and congested conditions existing in a and Redevelopment slum area, it is not expedient to carry out works of improvement in Scheme. pursuance of the improvement schemes prepared under this Act for such slum area without redeveloping that area after demolishing the huts and other structures thereon, it may prepare a scheme, to be known as a "Slum Clearance and Redevelopment Scheme" and publish a copy thereof in such manner as may be prescribed inviting suggestions and objections.
(2) Every such Scheme shall, as far as practicable, indicate the manner in which clearance and redevelopment shall be carried out and may provide for all or any of the following particulars, namely:—
(a) the acquisition of any land or other property in the area comprised in the Scheme, or affected by, or required for the execution of, the Scheme;
(b) the reservation, acquisition or allotment of land or other property for any of the matters specified in sub-section (2) of section 10 ;
(c) the laying or relaying of any area comprised in the Scheme;
(d) the provision of alternative accommodation, temporary or permanent, for the inhabitants of the area who may be displaced by reason of the execution of the Scheme or any part thereof;
Power to enter ansj carry out measures to implement improvement section (1) of section 11 and take such steps as are necessary for the repair scheme.
68 The West Bengal Slum Areas (Improvement and Clearance) Act, 1972. - X of 1972.]
(Section 14.)
(e) the construction, alteration or widening of streets or passages;
(f) the suspension, as far as may be necessary for the proper carrying out of the Scheme, of any rule, bye-law, regulation, notification or order made or issued under any law for the time being in force which the Legislature of the State is competent to make;
(g) an estimate of the total cost of the Scheme; and
(h) such other matters not inconsistent with the objects of this Act as may be directed by the State Government.
(3) The prescribed authority, after considering any objection or suggestion relating to the Scheme referred to in sub-section (1) and received within thirty days from the date of publication of the said Scheme and after making such modification in the Scheme as it thinks fit, shall, not later than twenty-four months from the date of publication of the Scheme, sanction it, subject to the approval of the State Government, by notification and by such other means as are calculated to bring it to the notice of all persons concerned.
(4) Where a Scheme is sanctioned under sub-section (3), the State Government may, on the recommendation of the prescribed authority, by order published in the Official Gazette, suspend, to such extent only as may be necessary for the proper carrying out of the Scheme, any rule, bye-law, regulation, notification or order made or issued under any law for the time being in force which the Legislature of the State is competent -to make.