The west bengal land ( requisition and acquisition ) act, 1948

2, In this .A.ct unless·-there 1s anything repugnant in Definitions.
the subject or context,~
(a) "Collecto;i"', "land" a1;1d "perso~ interested"
have the same meanmgs as m the Land ,;,
Acquisition Act, 1894;
(b) "Court" •means a principal ·Civil C_ourt of
original jur:i:sdiction, and includes the Court of
any Additional Judge, S-y.bordinate Judge or
Munsif. whom the Provincial Government may
appoint, by name or byv irtue of. his off@ee,. to
perform, concurrently with any such prmc1pal
Civil ~ourt, all or any cif the :£unctions of the
Court under this Act within any speci£.ed local
·Jr· ·limits and, in the case of a-Munsif, up :to the
limits of the pecuniary jurisdiction with which
he is vested under secti-0n 1-9 of the Bengal,
Agra and Assam Civil .·Courts .A.ct, 1887; and
(c) "prescribed" meams prescribed by rules made -
tinder this Act. ·
·3: (1) H in the•opinion of the Provincial Governmen..t Power to
or any .person authorised in this behalf by the P-rovinoia] requisi­
Government it is necessary so to do for maintaining tion.
supplies and services essential to the 'life of the community
or for providing proper facilities for transport, communica-
tion, irrigation or drainage, the Provincial Government or:.:
the person so authorised, as the case may be, may, by order
in wr·iting, requisition any lanc1and may make such further
orders as appear to it or to him to be necessary or expedient
in conne?tion with the requisitioning:· ·
Provided·that no land used £or.the purpose of reiigfous
wor_ship shall be requisitioned under this section.
5
. - 5 #·westBengal ActII.of 194_ %%$i)
•re WEsr BENGAL 'LAND . REQUISITIo ·- ..£, 23$#%
° •AG@UIsITIqN) AGT,+4948. ·•.... = . s ±jg[Passed by the WestB engal Zggt atr e.j ' :c· ·:·;;·'/\,ti/
rAseet er_e Governor was r s»pa lsied. 4Me d i tto·dzete ._'.·· · ,of the 11th Maron,'1948J : ; . .. . . . 4•• I O
.._:, • ~ ' .. ~-i :t; • f ,._; . '-•1
An Act to o ride for the requisitionors e edy aor ist#ion > ·5%].. of land for oe1iain pii1·pv·ses. -. · •.· .,.... . ...
ViTHERE.A.S it is expedient to provide for the .17l:iquis~tion :;;:Ji
and speedy acquisition of land "for the purposes of main- · , s t
±±. 8 ±\ ± ±± . e 4port, commUJJ.icat-ion, irrigation or drain age; s . ]
It is hereby enacted as follows: " 1
1. (1) T:his ·Act·may be called the West Bengal I:iant ·Shorl title, ,j
(Requisition :a!\,d Aftquisition) Act, .1948. . ···lexte:i:J.t, -'J
'(2) H exte,%.-ds to' the whole of West Bengai. ·:=:~e- :•.m
.(3) It shall come into force at once. · .· i ~?-~ ation. :~
,, (4) It shall remain i11.force up to the-8lst day of Marek, ., ·~)
1-951. .
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1
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Notioe to
persons
interested.
Release
from
requisi­
tion,
2 The WVest Bengal Land (Requisition and Acquisition) Act,
· · . 1948.
[West Bengal Act
(Sections 46 .)
(2) An order un der sub-section (Z) shall be served in
the prescribed manner on .the owner of the land and where
the order relates to land in occupation of a tenant also onsuch tenant.
4. (1) Where any land has been requisitioned under
section 3, the Provincial Government may use or. deal with
it in such manner as may appear to it to be expedient and
may acquire such land by publishing in the. Offi,:ial
Gazette, a notice to the effect that the Provincial Govern­
ment has decidcc1 to acquire such land in pursuance ofthis section.
(2) Where a notice as aforesaid is published in the
Official Gazette, the requisitioned land shall, on and from
the beginning of the day on which the notice is so publish­
ed, vest absolutely in the . Provincial Government free
from all incumbrances and the period of requisition ofsuch land shall end.
5. (Z) At er the publication of·.a notice under sub­
section (1) of section 4, the Collector shall cause public
notice to be given at convenient places on or near the land
to be taken, stating that the Provincial Government has
acquired the land, and that claims to compensation for all
interests in such l and may be made to him. ­
(2) Such notice shall state the particulars of the land
so acquired, and shall require all persons interested in the
land to appear personally or by agent before the Collector
at a time and place therein mentioned (such time not
being earlier than :fifteen days after the date of publication
of the notice), and to state the nature of their respective
interests in the. land and the amount and particulars of
their claims to compensation for such . interests. The
Collector may in"any case require such statement to bemade in writing and signed by the party or his agent.· •
(3) The Collector shall also serve notice in the manner
prescribed on the occupier (if any) of such land and on all
such persons ·known or believed to be interested therein, or
to be entitled to act for persons so interested, as reside or
have agents authorised to receive service on their behalf, with­
in the revenue district in which the land is situate.
(4) In case any person so interested resides elsewhere,
and has no such agent, the notice shall be sent to him. by·
registered post in a letter addressed to him at his last known
residence, address or place of business.
6. (1) Wh ere any 'land requisitioned under section 3 is
not acqliired and is to be released from requisition, the Pro­
vincial Goremnme nt may, after making such inquiry, if any.
as it·considers .necessary, specify by order in writing the
person who appears to it to be entitled to the possession ofsuch laud.
#
.Aoquisition
of land.

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1'lte Tl' est Bengal Land (Requisition and Acquisition) Act, 3
1948. · - :
II of 1948.]
(Section 7.)
(2) The delivery of possession of sucli l_and td the person
specified in the order made under sub-section (1) shall be .a
full discharge of any liability of the Provincial Government
to deliver possession to such per-son as may have rightful
claim to possession thereof but shall not prejudice any right
in respect of such land which any other person may be
entitled by due process of law to enforce against the person
to whom possession of the land is so delivered.
· (3) ViThere.the person to whom the possession of any lg.nd
requisitioned under section 3 is to be delivered cannot be
found or is not readily traceable or has no agent or other·
person empowered to accept delivery on his behalf, the Pio­
.vi cial Government shall publish in .the Official Gazette a
notice declaring that such land is released from requisition·
and shall cause a copy thereof to be affixed on some cons­
picuous part of such land.
(4) When a notice referred to in sub-section (3) is pub­
lished in the Official Gazette, the .land specified in such
notice shall cease to be subject to requisition on and from
the date of such publication and shall be deemed to have
been delivered to the person entitled to possession thereof;
and the Provincial Government shall not be liable for any
compensation or other claims in respect of such land for any
period after the said date.
7. (1) Wherever any land is acquired. under section 4 Compensa­
there shall be paid compensation the amount of which shall tion
be determined by the Collector in the manner and in accord-
ance with -the principles set out in sub-section (-1) of section
23 of the Land Acquisition Act, 1894:
Provided that the market value referred to in clause first
' o f sub-section (Z) of section 23 of the said Act shall, in respect
of any _land acqmred under this Act, be deemed to be the ·
market value of such land on the elate of publication of the
notice referred to in sub-section (Z) of section 4: ·
Provided further that if such market value exceeds by
any amount the market value of the land on the 8lst day of
December, 1946 on the assump t on that the land had been
at that date in the state in which it in fact was on the elate
of publication·of the notice referred to in sub-section (Z) of
section 4, the amount of such excess shall not be taken into 'consideration.
·(2) When the compensation has been determined under
sub-section (Z) the Collector shall make an award in accord~
a ce with the principles set out in section 11 of the Land·
Acquisition Act, 1894, and no amount referred to in sub­
section (2) of section 23 of that Act, shall be included in the
award.

t
II
L
Ili
Reference
to Court.
Power to
enter upon
land, etc.
4 The West Bengal Land (Requisition and Acquisition) Act,
1948.
[West Bengal Act
4
(Sections 8 11.)
(3)· Where any land is requisitioned under section 3, there
.shall be paid to every person interested such compensation
as may be agreed upon in writing between such person and
the Collector, in respect of- ·
(a) the requisition of such ·land;.and
.(b) any damage done during the period of requisition
. to such land other than what may have been sus­
tained by natural causes.
8. (1) The Collector shall·in every case-
where any person aggrieved by an award made under
sub-section (2) of section 7 makes an application
requiring the matter to be referred to the Court;
OT
(b) where there is any disagreement with regard to the
compensation payable under sub-section (3) of sec­
tion Z between the Collector and the person to
whom possession of any land is delivered under
section 6,
refer the matter to the decision of the Court.
(2) T e provisions of the Land Acquisition Aet, 1894, 1of 1894.
shall mutatis mutandis apply in respect of any reference
made to the Court under sub-section (1).
9. The Provincial Government may, with a view to
requisitioning any land or for the purpose of determination
by the Collector of .the amount of compensation payable
under.this Act, by order, ­
.
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(a)
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Penalty.
li Saving.
require a.y person to furnish to such. authority .as
may be specified in the order .such information
in his possession relating to the property as may·
be specified;
direct that the owner or occupier of the land shall
not dispose of it or alter it till the expiry of such
period. as may be specified_in the order;
(c) authorise any person to perform in respect of any
land all or any of the funetions referred to in sub­
section (2) of ·section 4 of the Land Acquisition
Act, 1894.
10. I any person contravenes any order made under
this Act he shall be punishable with imprisonment for a term
which may extend to one year or with fine which may extend
to two thousand rupees or with both.
11. Save as otherwise expressly provided in this Act,
no decision or order made in exercise· of any power
conferred by or under this Act shall be called in questiou in
any Court.
(c)
()

Protection
of action
taken
under this
Act.
make rules for Power to
make
rules.
on the owner or
sub-section (2) of
12. (1) No suit, prosecution or other legal proceeding
shall lie against any person for anything which is in good
faith done or intended to be done in pursuance of this .A.ctor any order made thereunder.
(2) Save as otherwise expressly provided in, this Act, no
suit or other legal·proceeding shall lie against the Provincial
Government for any damage caused or likely to be caused
by anything in good faith done or intended to be done in
pursuance of this Act or any order made thereunder.
(Secflions 12, 13.)
II of 1948.]
The West Bengal Lanii (Requ'isition and Acquisition) Act, 5
1.948.-
13. (Z) The Provincial Government may
carrying out the purposes of this Act.
(2) 1 particular and without prejudice to the generality
of the foregoing powers, such rules may provide for all or
any of the following matters; namely :
·(a) the manner of service of orders
occupier of land referred to in
section 3; and
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IRe
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Il
(b) the manner of service of notice on the persons
referred. to .in sub-section (3) of section 5.
·i
W.BGP-48/9-1'05SA-2;500

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