The west bengal land development and planning act, 1948

West Bengal · state statute

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Short title. extent And commence-ment.
Definitions.
Appoint. ment of the, prescribed authority.
West Bengal Act XXI of 1948
THE .WEST BENGAL LAND DEVELOPMENT'AND 4—
PLANNING ACT, 1948.
[Passed by the West Bengal Legislature.]
[Assent of the Governor was first published in the Calcutta Gazette,
Extraordinary, of the 7th October, 1948.]
An Act to provide for the acquisition'hnd development of land
for public purposes.
Ben. Act V of 1911.
West Ben. Ord. II of 1948.
I of 1894.
WHEREAS it is expedient to provide for the acquisition and
development of land for public purposes;
It is hereby enacted as follows :-
1. (1) This Act may be called the West Bengal Land
Development and Planning Act, 1948.
(2) It extends to the whole of West Bengal; but it shall
not apply to 'the Calcutta Municipality as defined in clause
(b) of section 2 of the Calcutta Improvement Act, 1911, or
to any area to which that Act has been extended under sub-
section (3) of section 1 thereof before the commencement of
this Act.
(3) It shall come into force on the date on which the
West Bengal Land Development and Planning Ordinance,
1948, ceases to operate.
2. In this Act, unless there is anything repugnant in the
subject or context,—
(a) the expressions "land", "Collector" and "Com-
pany" respectively have the same meanings as in
the Land Acquisition Act, 1894;
(b) "development scheme" means a scheme for the
development of land for any public purpose;
(c) "notified area" means an area declared under sub .-
section (1) of section 4 to be a notified area;
(d) "public purpose" includes—
(i) the settlement of immigrants who have migrated
into the Province of West Bengal on account
of circumstances be[ond their control,
(ii) the establishment of towns, model villages and
agricultural colonies,
(iii) the creation of better living conditions in urban
and rural areas, and
(iv) the improvement and development of agri-
culture, forestry, fisheries and industries;
(e) "rules" means rules made under this Act.
3. The Provincial Government may appoint, in accord-
ance with the rules, an authority (hereinafter referred to as
the prescribed authority) for carrying out the purposes of
this Act.
Trice—Indian; annas 4 ; English, 6d.
2 . The West Bengal Land , Development and Planning Act, 1948.
[West Ben. Act
(sections 4-6.)
Declaration , 4. (1)- Th'd Provincial Government may, by_notification 43f notified ' in the Official Gazette, declare any area specified' in the AT notification-to be a notified area if it is satisfied that anyland
in such area is needed or is likely to be needed for anfpublic • pUrpose and the Collector shall cause public notice of the
substance of such notification to be given at convenient places in the locality in such ,manner as he may think fit.
(2) Thereupon it shall be lawful for any person either
generally or specially authorised by such Government in lhis
,behalf and for his servants and workmen,—
to enter upon and survey and take levels of any land in such area;
- to dig or bore into the subsoil;
to do all other acts necessary to ascertain whether the
land -is suitable for such purpose;
to set out the boundaries of the land proposed to be taken
and the intended line of the work (if any) proposed to be made thereon;
to mark such levels, boundaries and line by placing marks and cutting trenches; and
where otherwise the survey cannot be completed and the
levels taken and the boundaries and line marked, to cut
down and clear away any part of any standing crop, fence or jungle :
Provided that the person so authorised shall, at the time
of such entry, pay or tender payment for all necessary
damage to be done as aforesaid, and, in case of dispute as
to the sufficiency of the amount so paid or tendered, he shall
at once refer the dispute to the decision of the Collector or
;other chief revenue officer of the district, and such decision shall be final.
Xrepara- 5. (2) The Provincial Government may direct the tion and prescribed authority, or, if it so thinks fit in • any case, sanction- ing of eve- authorise any Company or local authority, to prepare, in iopment accordance with the rules, a development scheme in respect scheme. of any notified area and thereupon such scheme shall be
!prepared accordingly and submitted, together with such
particulars as may be prescribed by the rules, to the Provin-
cial Government for its sanction.
(2) A development scheme submitted to the Provincial Government under sub-section (1) may be sanctioned by it either without any modification or subject to such modifica-tions as it may deem fit.
6. (1) When a development scheme is sanctioned under sub-section (2) of section 5 and the Provincial Government
is satisfied that any land in the notified area for which such
scheme has been sanctioned is needed for the purpose of
executing such scheme, a declaration to the effect that such
land is neede'd for a' public purpose shall, unless alrea.drr
made in pursuance of section 7, be made by the Prtvincial Government.
Declaration
for acquisi-
tion of land
needed for
develop-
ment
6ebeme.
The West Bengal 'La& .Pel,elpyrhent and Z 3 lanni4g '1 Act; 1948.
XI of 119484
T1,
(Sections 7, 8.)
,,(21 The declaration shall .be published -In .the Official Gazette and shall state the district or otherqeilitorial divi- -Sion in which the land is situate, the purpose for which it is
needed, its approximate area, and, where a plan ' shall have
'been lade of the land, the place where .such plan may be
thspected.
.7. In cases of urgency, if in respect of any notified area Special
the. Provincial Government is satisfied that the preparation Provision
of a development scheme is likely to be delayed, the Pro- in cases of
vincial Government may, at any time, make a declaration urgency.
Under section 6, in respect of such notified area or any part tr
thereof though no development scheme has either been
prepared or sanctioned under section 5.
I of 1894.
8. A declaration under section 6 shall be conclusive
evidence that the land in respect of which the declaration is
made is needed for a public purpose and, after making such
declaration, the Provincial Government may acquire the
land and thereupon the provisions of the Land Acquisition
Act, 1894 (hereinafter in this section referred to as the said
Act), shall, so far as may be, apply :
Provided that—
if in any case, the Provincial Government so directs,
the Collector may, at any time after a declara-
tion is made under section 6, take possession,
in accordance with the rules, of any heel, baor, tank or other watery area, or any other waste or
arable land in respect of which the declaration
is made and thereupon such land shall vest
absolutely in the Crown free from all encum=
brances;
(a)
Application
of Act I of
1894 sub-
ject to spe-
cial provi-
sion for
compen-
sation.
E xplanation. —For the purposes of this clause the
decision of the Provincial Government as to
whether any land is or is not waste or arable land
shall be final;
(b) in determining the amount of compensation to be
awarded for land acquired in pursuance of this
Act the market value referred to in clause first of sub-section (1) of section 23 of the said Act
shall be deemed to be the market value of the land
on the date of publication of the notification
under sub-section (1) of section 4 for the notified
area in which the land is included subject to the
following condition, that is to say,—
if such market value exceeds by any amount the market
value of the land on the 31st day of December,
1946, on the assumption that the land had -been
at that date in the state in which it in fact was
On the date of publication of the said notifica-
tion, the amount of such excess shall not be taken
into consideration.
77 7. 1 I I I 17 74 -'114 "" MMEM "
0.1 ,ff r •
4
Pengarl ,.;.land ,D4elopmen,t and :Flap/ming

" Act, f948. .
.. [[West Ben
,
. Act
(Sections 9-12.)
Power to 9. Not -lithstanding anything elsewhere contained in disPose of `t! this Act or'in:•any rule or : order made theretinder, the ltPro-and with, - vinrcial Government may, -if it so considers expedient, ',retain, out deve-
lopment..' let on hire ., lease,' sell, e change or otherwise 4 .dispose .of any,
land acquired in pursuance of this Act:
Provided that—
(a) where. the Provincial Government decides to lease: ,
or sell any land acquired in pursuance of
Act, the person or persons from whom the land
was so acquired shall, in such manner as the
Provincial Government may direct, be offered4 a
prior right to take . on lease or to purchase the
land on such terms and conditions as may be
determined by the Provincial Government;
(b) if, in any case, two or more persons claim to exer-
cise a right offered under clause (a), the right
shall be exercisable by such of the claimants as
the Provincial Government may determine.
Execution 10. (1) The Provincial Government may direct the
of develop- prescribed authority to execute any development scheme ment sanctioned under sub-section (2) of section 5 or cause it to be scheme and executed in accordance with the rules and upon the execu-disposal al
of land. tion of the scheme as so directed the lands comprised therein
shall be disposed of by the Collector in such manner as may
be directed by the Provincial Government.
(2) If the Provincial Government so thinks fit, it may
also empower a company or a local authority to execute, at
*its own cost, any such development scheme and to dispose
of the lands comprised therein on such terms and conditions
including conditions relating to the manner of disposal of
land as may be settled by the Provincial Government and
embodied in an agreement to be entered into by- the Provin- ,
vial Government and the Company or local authority, as the
ease may be.
With- 11. If, at any time, the Provincial Government is
draws-1 of satisfied that any of the terms or conditions contained in an power from agreement referred to in sub-section (2) of section 10 is not Com
loca
p anly .being complied with, it may, by order served in, accordance or
authority with the rules on the Company or local authority, as the case
to execute may be, withdraw the power conferred on it to execute any -develop- development scheme or to dispose of the lands comprised ment therein or both and may thereafter make such arrangem ent scheme or
to dispose in that behalf as it may deem fit and proper.
of land.
Protection 12. No suit, prosecution or other legal proceeding
of action shall lie against any person for anything which is in good taken faith done or intended to be done in pursuance of this Act or under this
40t. any rule or order made thereunder.
The TV eit LAnd: Development and Clanning
' Act, 1948:
4( Sections 13-'----i5.)
•
13. The Provincial G-overnment mayt bi notification Delegation
in 'the Official, Gazette, direct that any or All of the 'powers ,of powers.
conferred upon 'it by this Act .shall be exercisable also .by
such authority subject to such conditions, if any, as may be ••
tpecified in the notification.
' 44. (1) The Provincial Government may make rules for Power to
.c,arryin.g out the purposes of this Act. make Twos.
(2) In particular and without prejudice to the generality"
,of the foregoing power, such rules may provide for all or any
4of the following matters, namely :—
(a) the designation, constitution and manner of appoint-
ment of the prescribed authority; F
(b) the preparation of development schemes and the'
particulars to be submitted with development
schemes referred to in sub-section (1) of section 5;
(c) the manner of taking possession of land referred to
in clause (a) of the proviso to section 8;
(d) the execution of development schemes referred to in
section 10;
(e) the manner of service of orders referred to in section
11.
• T
'West Ben.
Ord. II of
1948.
15. Any appointment or rules made or any notification
issued or anything done or any action taken or any proceed-
ing commenced in exercise of any power conferred by or
under the West Bengal Land Development and Planning
Ordinance, 1948, shall, on the said Ordinance ceasing .to
operate, be deemed to have been made, issued, done, taken
or commenced in exercise of powers conferred by or under
this Act as if this Act had commenced on the 27th day of
April, 1948.
Oontinu-
once of ac-
tion taken
under West
Bengal Or-
dinance II
of 1948.
.4
•
-WBGP-4819-6051E-500

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