CourtMesh

Section 10

The Waste Lands ( Requisitioning And Utilization ) Act, 1952State Act of West Bengal · Act 4 of 1952

( 1 ) Whcn thc Collector is of opinion rhal any ware land in respect of which an order for requisi~ion has bccn made undcr sub-section

(4) of section 4, is no langer required for public purpose, the CoIleclor Paymcnr of c0rnp-mtion 10 k a full dischuge.

The Waste Larids (Reqirisirioliing and Urilimrio~r) Act, 1952.

[Wcst Ben. Acl may, afier making such enquiry. if nny. ns hc lhinks fit, spccify by order in wri~ing the person who appears to him 10 bc cntittcd to ihc posscssion of such wasrc Iand and may procccd ro rclcacc thc w u t c land lrom requisi lion:

Provided Lhar-

(a) no wastc land shall he kept under requisition for a pcriod cxtending beyond twenly years from rl~edaleorlhc posscssion oKthc wasre land by thc Collcctor under section 5;

(b) subjcct LO clausc (a). the Collector shall kept rhc wnslc land undcr rcquibirion for such period as he considers ncccssary for cnbling [he person lo whom possession is madc over undcr huh-section ( 1 ) of section 6 , 1 o recover any capital or recurring ixpendilurc incurred by such pcrson and to earn a reasonable margin of profit.

(2) Thc delivery of possession of any wastc land ro thc pcrson specified in an ordcr made under sub-sccrion ( 1 ) shalI bc n Cull dischnrgc of any liabiliry of the Colleclor and of thc Slarc Govcmmcn~ to deliver posscssion lo any person who may enlillcd to c l i m posscssion thcrcof, hut shall nor prejudice any right in respec[ of thc wastc land which any persol1 may heenlitled by due proccss ofIaw to cnrorcc again51 rhe person ro whom thc posscssion of [he wasre land is so delivcrcd.

(3) Whrrc thc pcrson to whom the possession of any wastc land is to hc delivered under [his scclion, cannol bc found or i s not readily traceable or has no ngcnt or other person empowered to acccpl dcljvcry in his behalf, lhe Collccrorshall publish in the manner prescribed, a nolicc declaring that rhe w a l e land is released from rcquisi~ion and shall cause a copy of the no~icc lo bc nTfi xcd on a cor~spicuous pan oP thc wasrc land or i f [he wasle land consists who1 ly of walcr xca, in ihc ncighbourhood of the waste land.

(4) As soon as a notice under sub-scction (3) is published in [he manncr prescribed, the \vane land shall ccasc ta be subjec~ to requisilion and shall bc dccn~ed lo have been dclivcrcd ta thc pcrson entitled lo [he posscssion !hereof and ihe Collcctor and the Slate Governmenr shall bc absolvcd from any further liabiliry in rcspccl lhereof.

Appeals. 11. ( 1 ) Any person aggdcvcd by an ordcr under sub-seclion (4) or section 4, or by a norice undcr sub-scction (I) olseciion 7, or by m order undcr scction 8 may appcnI to such authority as may be prescribed.

(2) Thc procedure on such appcals and the period of limitalion Tor such appcals shall be such as may bc prescribed.

The lVnsrr Lnl~ds (Reqrrisitioni~zg a~zd U~ilizalioti) Acr, 1952,

(3) Any order passcd on appcal by the authority referred to in subsection ( I ) shall bc final and shall nor bc called in question in any coufl.

Where this provision sits

ActThe Waste Lands ( Requisitioning And Utilization ) Act, 1952
Section10
JurisdictionState of West Bengal
StatusIn force as published by the source

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