(1) As soon as may be after [he Collecror is in possession of any w a l e land under he provisions of section 5, he shall make over possession rhcrcor 10 rhc S t a ~ c Govcrnmcnt OF LO any pcrson (including a public servant, company, local authority or co-operalivc or regislered sociely) as he thinks fit, lor being urilized for public purpose on such'lerms and condilions and subject to rhc payment of such sums pcrindicatly or othcrwisc, as hc may dc~ermine.
(2) I* * * * * * *
(3) Whcrc posscssion has bccn made ovcr ro thc S l a ~ c Govcrnmcnt or to any pcrson undcr sub-scclion ( I ) , ~ h c Stalc Govcrnmcnt or such person shall be enlilled lo do in, on, or wilh rcspccl lo h c wasle land, all manncr of things necessary for ulilizing thc waste land to h e fullesl exlent for public purpose and also anything ancillary or inciderid to such purpose.
(4) The sums payablc undcr sub-sccuon (1) by thc Sratc Governmen1 or by a peson to whom possession has bccn madc over under that subsecrion shall no1 be less lhan the arnounl payable by 11le Collector as L-ompcnsation under secion 8.
(5) Any sum payablc undcr sub-scction (1) by a pcrson to whom possession has becn madc ovcr undcr that sub-scclion shall bc rccoverablc as a public demand.
(6) Nolhing in lhis Act shall be decmed 10 confcr r)n any pcrson lo whom possession has bccn madc ovcr undcr sub-scction ( I ) , the stalus or a lenant or LO confer on him any uns fc rabb right.
Delivery of posscssion.
i Uriliua~ion I of wasrc land, 'Sub-section (2)wasomitrcdby s. 3orlhc W~rchnds(RcquisilioningandUliliu1ion) ( A ~ n c n r l ~ ~ i c n l l Act. 1954 (Wesr Bm. Acr XXlX of 1954) The Wasle Lalids (Reqrrisifiotlilig oltd Urilizariorr) Acr, 1952.
[West Ben. Act
7. ( I) If at any time h e Collcclor is salislied [hat any pcrson to whom p~ssession has becn madc over under sub-scclion ( 1 ) of seclion 6-
(a) has failed to u~il izc rhe wasle land for public purpose, or
(b) has railed ro conlply wilh h c terms and condi~ionsdc~ermined by [he Collcclor under sub-seclion ( I) of seciion 6, or
(c) has Failed ro pay any sun1 payablc under sub-section (1) of seaion 6, whcn it has become duc, the Collector may, without prejudice to any other rernedy hc may have, scrve a nolice upon such person requiring him 10 give back posscssion of thc wastc land lo him wirhin such dale as may be specified in [he noricc.
(2) Such person shall comply wilh such notice and in default of his doing so, the Colleclor shall take possession of ~ h c waste land by force, if necessary.
(3) The Collcctor may, aftcr hc ha5 obrained posscssion of [he wasrc land under sub-sccrion (21, deal wirh the waste land as if hc is in posscssion thereof under Lhc provisions of seclion 5.
c o ~ l l , ~ n m - 8. (1) Where the possession of any waste land is dcli vered or taken lion. under section 5, cvery person inlcrcslcd in such land shall bc entitled to compensa~ion for so long as his inlcrcst subsists b u ~ i n no casc beyond the datc of the release oi such land from rcquisition under section 10, [he amounl of such compcns;ltion being dctcrrnined in the rnanncr and in acuo~dance wirh Ihc principles hercinaltcr set oul.
(2) As soon as may be after the dntc ordclivery of posscssion or the taking of possession of any waste land undcr scclion 5, the Collector shall delenninc-
(a) in rcspcct of any wasrc land which on the said datc was in the occupalion of a tenanr or Icsscc-
(i) the annual rent and cesses, iT any,-payable by rhc lcnant or the lessec in respect of such land, and
(ii) thc average nerannual incomederived from such land by rhl: tcnanr or lessec during h e three years immediately prcccding [he said dale, or iFnoincome wasdcrived from such land by the tenanr or lcssce during the said thrce years, the sum cquivalent LO (hrccpercet~r, of the markcl value of the intcrcst of the [enant or of [he lessee in such land on the date or thc notification under sccrion 3;
(b) in respect or any wasle Iand which on the said datc was in the occuparion ofaproprielor, ~hcavcrage annual incornc dcrived from such land by such proprietor during the lhree years immcdinlcly preceding rhe said dale, or i T no income was derived by such praprictor during [he said thrcc ycars, the sum equivalent lo rhree per cenr. of the mar kc^ valuc of such land on r h ~ dalp nF thr nnrifirrrinn 11nArr qrrtinn 7 - The Wasre Lands (Rcguisitionir~g atld Utilizatiori) Acr, 1952.
(c) in respect of any wasle land in whlch any person olher than a tenant or a lesee or a proprietor i n occupadon is intercsred, the avcrage neL annual compensation dcrivcd from such land by [he person in occupa~ion hereof during h e three years immediately preceding thc said date, or if no income was derivcd by such person during the said three years, the sum equivalent lo lhreeper cerlr. of h e market value of such land on the date of the nolification under section 3.
(3) The Coilector shall by order direct that lhcrc shall be payable by the Sta~e Govcrnrnent as compcnsa~ion on cach anniversary of the date of [he delivery of possession or the taking ofpossession under section 5, and for Ihc duration referred lo in sub-section (I),--
(a) in respecr of such w a l e land as is referred to in clause (a) of sub-section (2),-lhe amounr derermined under sub-clausc
(i) of ha1 clause lo the landlard or the Icssor, and the amounl determined under sub-clause (ii) of thal clause to Ihe lcnanr or [he Iessee;
(b) in rcspeci of such waslc land as is refcrred to in clausc (b) of sub-section (2).-he amount dc~crrnined undcr that clausero the propriclor: and
(c) in respect of such wasre land is as referred ro in clause (c) of sub-seclion (21,-ro every person in~erestedin suchland such sum as may be apportioned 10 him by the Collector, out of the amounl referred to in lhar clause, having regard to ~ h c nature and extenl of his inlerest.
Explonatio~r.-For the purpose of his scciion [he exprcssions "landlord", "propriclor" and "tenant" have [he same mcmings as in thc Vll l or
1885. Bengal Tenancy Act, 1885. and h c expressions "lcssor"and "lessee" have Iv OF 1882. thc samc meanings as in h c Transfer of Propcrty Act, 1882.
9. The payment of any compensation in accordance with an order under seclion 8 shall bc a full discharge ofany liability ofthe Collccrorand of h e Stale Governmen~ to pay compensation to any person who may have arightful claim thereto, but shall not prejudice any r i g h ~ in respccl thereof which may be enFui-ced by any person by due process OF law againsr [he person LO whom the compensation is so paid.