The Howrah-amta Light Railway Company ( Acquisition Of Land ) Act, 1976

GOVERNMENT OF WEST BENGAL 
LEGISLATIVE DEPARTMENT 
West Bengal Act XXXV of 1976 
THE HOWRAH-AMTA LIGHT RAILWAY COMPANY 
(ACQUISITION OF LAND) ACT, 1976. 
[Passed by the West Bengal Legislature.] 
[Assent of the President was first published in the Calcutta 
Gazette, Extraordinary, of the 28th May, 1976.] 
[28th May, 1976.] 
An Act to provide for the acquisition of certain lands held by the 
I lowrah-Arma Light Railway Company Limited. 
WHEREAS it is expedient to provide for the acquisition of certain 
lands held by the Howrah-Amta Light Railway Company Limited for 
providing better facilities for transport and communication to the 
members of the public by construction of broad-gauge railway line in 
Howrah-Amta-Bargachia-Champadanga and Dankuni-Sheakhala areas 
within the districts of Howrah and Hooghly and for matters connected 
therewith or incidental thereto; 
It is hereby enacted in the Twenty-seventh Year of the Republic of 
India, by the Legislature of West Bengal, as follows:- 
1. (1) This Act may be called the Howrah-Amta Light Railway 
Company (Acquisition of Land) Act, 1976. 
(2) It extends to the whole of West Bengal. 
2. In this Act, unless there is anything repugnant in the subject or Definitions. 
context,— 
(a) "Collector" means the Collector of a district and includes any 
Land Acquisition Officer appointed by the State Government 
to carry out all or any of the functions of a Collector under 
this Act; 
(b) "company" means the Howrah-Amts Light Railway Company 
Limited; 
(c) "Court" means the Court of the District Judge at Howrah where 
the land is situated within the district of Howrah and the Court 
of the District Judge at Hooghly in the case where the land is 
situated within the district of Hooghly; 
(d) "encumbrance", in relation to any land, includes all rights or 
interests of whatever nature belonging to any tenant, licensee or 
trespasser or any other person; 
Short title 
and extent. 
187 
The Howrah-Arnta Light Railway Company (Acquisition of Land) 
Act, 1976. 
[West Ben. Act 
(Sections 3, 4.) 
(e) "firm land" means a land where there is no accumulation of 
water during any season of the year; and 
(f) "land" includes benefits to arise out of land, and things attached 
to the earth or permanently fastened to anything attached to the 
earth and also includes any encumbrance in relation to such 
land. 
Acquisition 	 3. (1) If the State Government is of opinion that any land held by 
of land. 	 the Howrah-Amta Light Railway Company Limited is needed for 
providing better facilities for transport and communication to the 
members of the public by construction of broad-gauge railway line in 
Howrah-Amta-Bargachia-Champadanga and Dankuni-Sheakhala areas 
within the districts of Howrah and Hooghly, it may, by notification in 
the Official Gazette, acquire such land and may make such further order 
or orders as appear to it to be necessary or expedient in connection 
therewith. 
(2) On the publication of the notification under sub-section (1), the 
land shall stand transferred to and vest absolutely in the State 
Government free from all encumbrances and the Collector shall take 
possession of such land forthwith. 
(3) The State Government shall be entitled to transfer any land 
acquired under this section to the Government of India or use the land in 
such other manner as the State Government thinks fit. 
Payment of 	 4. (1) The State Government shall deposit in cash in Court to the 
amount• 	 credit of the company an amount which shall be determined by the 
Collector, where the land is situated within the limits of Howrah 
Municipality, at the rate of rupees seventy-four thousand and seven 
hundred fifty per hectare and, where the land is situated outside the 
Howrah Municipality, at the rate of rupees four thousand eight hundred 
and fifty-eight per hectare in case of firm land and rupees one thousand 
three hundred and forty-five per hectare in case of any other land. 
(2) For the avoidance of doubts it is hereby declared that the 
liabilities of the company in relation to its lands which have vested in 
the State Government under section 3, shall be met from the amount 
referred to in sub-section (1). 
(3) In meeting the liabilities of the company in relation to its lands 
which have vested in the State Government under section 3, the court 
shall distribute the amount referred to in sub-section (1) amongst the 
creditors of the company, whether secured or unsecured, in accordance 
with their rights and interests, and if there is any surplus left after such 
distribution the same shall be made over to the company. 
188 
The Howrah-Amta Light Railway Company (Acquisition of Land) 
Act, 1976. 
XXXV of 1976.] 
(Sections 5-8.) 
5. No suit, prosecution or other legal proceeding whatsoever shall Indemnity. 
lie against any person for anything in good faith done or intended to be 
done under this Act. 
6. If any difficulty arises in giving effect to the provisions of this Power to 
Act the State Government may make such orders or do such things not remove 
inconsistent inconsistent with the provisions of this Act, as appear to it to be 
necessary or expedient for removing the difficulty. 
7. The State Government may, by notification in the Official Delegation. 
Gazette, delegate any of its powers under this Act to the Collector. 
8. It is hereby declared that this Act is for giving effect 
the policy of the State towards securing the principles specified 
clause (b) of article 39 of the Constitution of India. 
to Declaration 
in  as to the 
policy of 
the State. 
    
189 

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