The waste lands ( requisitioning and utilization ) act, 1952

West Bengal Act IV of 1952' 
THE WASTE LANDS (REQUISITIONING AND 
UTILIZATION) ACT, 1952. 
AM~DED . . Wcsl Bcn. Acr XXLX of 1954. 
I2flr May, 1952.1 
Atr Act m provide for the requkitionitlg atzd tirili~~iort of rvute bt~rls. 
WHEREAS i t isexpedient lo providc for rhcrcquisitioning of waste lands 
for certain public purposes wirh a vicw to bct tcr utilization [hereof and also 
lo provide for certain orher rnalrcrs connected therewilh; 
11 is hereby enacled as follows:- 
1. (1) This ACL may be calIed the Westc Lands (Requisilioning and Shon rirlc. 
Udlization) Act, 1952. cxtcnt and 
commcncc- 
(2) 11 cxtends to the whole of West Bengal. mcnt, 
(3) It shall come inro Ibrcc on such date? as the Srare Govcrnrncnr 
may. by nolificalion in hc Oflcial Gazette, appoinl. 
2. ln this Acl, unless Ihcrc is anyfiing repugnant in the subjecr or Iklinilions. 
contcxr,- 
(1) "thc Collec~or" used in rcladon ro any waste land means [he 
Collector of the diskicl wilhin which ~hc watc land is 
situatcd and includes any officer, nor below lhc rank oi a 
Subdivisiond Magismle,-'appointed by hcSratcGovcrnmenl 
tocarry out all or any of the Funclions of a Colleclor undcr this 
Act; 
(2) "person inlcrcsted" used in reladon lo any wasle land means 
any person having any intcrcst in the wale land measurable 
inmoney, which is prejudicially alkcted by the requisitioning 
or he utilization of the waste land undcr this Acr; 
(3) "prescribcd" mcans prescribed by rules madc undcr this Act; 
(4) "public purpose" meansa purposehaving, or bcingconnected 
wirh, any or the followjng objects. namely:- 
(a) the production ot food crops (including Iruils and 
vegetables), fish, poultry, milk and milk-praducu; 
'Legislarive Papers.-For S~rcmcnt of Objec~ md Rcxons. Jet thc Cal~~tl~ Cuzcrre. 
Er~raorJhuv, dacd [he lWFcbruary, 195 1. PI. IV, page 186: for pmcccdinps ofhc Wcst 
Bcngal Lcgisla~ive Assembly, we rhc pmceedin~s DI he mmtings of the Wcst Bcngal 
Lcgislltlive Assembly hcld on [he 22nd February. 1951 and hr: 13th md 191h March, 1952. 
'This Acl cmeinlo lorccon thc Is1 June, 1952.vidcN01ifiu~ionNo. 8776L,. RcT..datcd 
the tJrhMny, 1951, publishcd inthe Cnlcvrfa Ga:crle, dnrcd the74rhMily. 1952. Pw I. page 
1634. 
]For notification relating to appoinunenl ofthe Subdivisiond Olficer, Sadar, Birbhem, 
rocmy wi all the funnionsof aCollcc~orunderlheAct,~ee nolificalion No. 11298 L, Rcf., 
dated blh Junc. 1959, published in thc Calculw Gazerre of 1959, Pan I, page 2312. 
The Wasre Lorrds (Reqrrisirio~zi~zg arld Urilizariot~) Act, 1952. 
[West Den. Act 
(6) excavaring, enlarging, deepening or damming any 
beel, buur, tank or ohcr walcr area or consmucling, 
srrenglhening, enlarging or improving any blr~id or 
embankrncnt for purposcs of inigarion or drainagc or 
fish produclion; 
(c) the composring of refuse or the prcparalion of any form 
of manure; 
(d) theeslablishmentofseed ~amsorplantnr fish n~rscrics; 
or 
(e) any olher objec~ which [he Slate Government may, by 
noliiication in thc Oflcial Gazette, declarc csscntial for 
thc improvcmcnt of agnculturc or piscicuIture; 
(5) "waste land" means any land classifjed in Ihe record-or- 
righls published under the Bengal Tenancy Ac!, 1885, as vrlr or 
tlrrrarl pafir, prrmrarr patif, hyek parit, gor Iuyek parir or lsg5, 
layek jrrrrgal and includes any land or water area which, 
in  he opinion of he Slale Government, has no1 been 
adequately used For the production of crops or Fish for a 
conlinuous pcriod exceeding two years bul does noL include 
land, Forming par1 of " * * * any homestead, 
fmhousc, burning or burial ground or any placc of worship. 
E.rp1urrariorr.-ReCcrences to any wasle land shall be 
conslrued 10 mcan [hat land cvcn if il ccascs to bc wasre land 
as a resul~ of requisihoning and utilization under tlis Acl. 
Notification. 3. (1) The Collector, cihcr or his own mouon or on applicarion 
mndc to him by any pcrson (including a public servant, company, local 
authority orco.opcrn~ivc~rrcgistered socic~y), may, iIhe is of opinion tha! 
any waste land is needed or is likely lo be needed for public purpose. by 
notification in the Oflcial Gazerre, require all persons interested in the 
waste land to show cause within such Grne as may be specified in he 
notification why the waste land should nor be requisilioned under this Act. 
(2) Public notice of he subsianceoiany notificalion as dorcsaid shall 
bc givcn locally by beat OF drum and in such orher manner as may be 
prcscn bed. 
Rrrluisi~ion. 4. (1) Any person intcres~cd in any waslc land in rcspcct of which 
a notificalionunder sub-section (I) ofscction 3 has bccn jssucd may within 
rlte hme specified in such notificalion petition to Ihe Collector showing 
cause why the wastc land should not bc requisitioned. 
(2) Thc Collector shall on such date or daies as may be fixed by him 
in this behalf considcr all such petitions and shall give such of  he 
pelilioners as appcar before him in person or by pleader, an opponunity of 
being hcard . 
'Thc words ". or conterminous wih" xvert: ornilred by s. 1 01 rhc \V;LSIC hds 
(Requisi~ioning and U~ilimtion) (Amendmenl) Acl. 1954 (\Vcsl Bcn. Acr XXK or 1954). 
The Wrrsre Lands (Rcqrrisitio~ri~rg urrd U;ili;a~ion) Act. 1952. 
(3) 11 arrcr considcring all such pctilions and aflcr making such 
cnquiry, iiany, as he lhinks f11, die Collector is satisfied that ~hc wasre land 
should not bc rcquisilioncd, hc shall canccl hc nolification ailcr sub- 
secrion (1) of section 3. 
(4) IF ailcr considering all such perilions and after making such 
cnquiry. if any, as hc lhinks fi~, he Collecror is salisficd that [he wnslc land 
should be requisitioned, he shall make an order for the requisition of [he 
wasle land specifying in lhc ordcr the timc within which thc possession of 
llic wasrc land shall bc dclivcrcd 10 him. 
5. Upon an order for [he requisition of any wale land being made 
under sub-section (4) of secBon 4, the person in possession of the wasre, 
land shall deliver possession thereof to [he Collector within 'the time 
speci Lcd in the order and in defaull orhis doing so, thc ColIector may lake 
posscssion thcrcof by forcc, if ncccssary. 
6. (1) As soon as may be after [he Collecror is in possession of any 
wale land under   he provisions of section 5, he shall make over possession 
rhcrcor 10 rhc Sta~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 Sla~c Govcrnmcnt or 
to any pcrson undcr sub-scclion (I), ~hc Stalc Govcrnmcnt or such person 
shall be enlilled lo do in, on, or wilh rcspccl lo hc wasle land, all manncr 
of things necessary for ulilizing thc waste land to he 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 sub- 
secrion 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 unsfcrabb right. 
Delivery of 
posscssion. 
i 
Uriliua~ion I 
of wasrc 
land, 
'Sub-section (2)wasomitrcdby s. 3orlhc W~rchnds(RcquisilioningandUliliu1ion) 
(A~ncnrl~~icnll 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 he 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~ilizc rhe wasle land for public purpose, or 
(b) has railed ro conlply wilh hc 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 ~hc 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. 
co~ll,~nm- 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 bu~in 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 he 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 iT 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 rh~ 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 in occupadon is intercsred, 
the avcrage neL annual compensation dcrivcd from such land 
by [he person in occupa~ion hereof during he 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 he 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 wale 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 ~hc 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 
Vlll or 
1885. Bengal Tenancy Act, 1885. and hc expressions "lcssor"and "lessee" have 
Iv OF 1882. thc samc meanings as in hc 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 he Stale Governmen~ to pay compensation to any person who may have 
arightful claim thereto, but shall not prejudice any righ~ 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. 
10. (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-m- 
tion 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 wutc 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 6,1o 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 clim 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 is 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 wale 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 if [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 sub- 
section (I) shall bc final and shall nor bc called in question in any coufl. 
12. (1) Save as orherwise expressly providcd in his Acr. any order, Bar or 
proceedings. 
dccision or determination madc, any notificarion or norice published or 
scrvcd, any aclion takcn or anything donc in exercise of any powcr 
conferred by or undcr this Act shall not be called in question in any coun. 
(2) Whcrc an order purports to havc bccn madc and signed by any 
aurhoriiy in exercise of any pnwcr conlrrrtd by or under  his Act, a courl 
I 1872. shall, wilhin the meaning of [he Indian Evidcncc Act, 1872, presume [hat 
the order rvas SO made by thar aulhorily. 
13. No suit, prosecurion or other lcgat proceeding shall lie against IndcllmiIy. 
any person For anything which is in good raith done or jntendcd to bc donc 
in persuanoc of this ACL or any rule or order madc thcrcundcr. 
14. (1) Whoever obstruc~s the Col lector or any pcrson ac~ing under pcnnlr~. 
his orders, in taking possession of any wasteland under section 5 or undcr 
sub-scction (2) ofscclion 7, shall be punishable with imprisonmcnl which 
may extend to six months or with fine which may cclcnd lo five hundred 
rupees or with both. 
(2) No court shall lake cognizance of any oficncc punishable under 
this secrion save on cnmplain~ in wiling madc by thc Collector. 
15. For lhe purpose of determining any mattcr undcr scclion 4 or 8 Powers or 
coun. 
of [his Act, the Collector may cxercisc such powers as are vesled in a 
civil courl in rcspect of- 
(a) summoning and enforcing the auendance of any pcrson and 
cxamining him on oalh; 
(b) compelling hc production of documenu; 
(c) issuing commissions for the examination or witncsscs; and 
(d) inspccring any propeny or hing concerning which any 
question may arise. 
16. (1 ) Thc Shte Government may makc 'nrlcs for carrying ou! [he Polvcr 10 
nidc rulcs. puquscs or [his Act. 
'For rules made in eirrcise of rhc poivcr conferred by this srciion. .rre Nolificarion 
No. 2183L.ReF.. dared the 2nd Februw, 1953, ofthe hd and Land Revenuc DcpMmcnr. 
published in rhr: Ct~luirrm Gt~rerre. daled [he 191h February. 1953. PI. 1. Pn~c 505. 
The Wasre h~ds (Requisitioning and Utili~tion) Act, 1952. 
[West Ben. Act IV of 1952.1 
(Section 16.) 
(2) Withour prejudice 10 the gencrali!~ of the foregoing power, such 
rules may provide for all or any of rhe following matters, namely:- 
(a) [he manner in which public noficc referred lo in sub- 
seclion (2) of section 3, shall be givcn; 
(b) the manner in which a notice under sub-scction (3) of section 
10 shall be published; 
(c) 'the authority ID whom an appeal unde; sub-secrion (1) of 
section I 1 may be made; 
(d) the procedure to be Iollowed in appeals under section 11 and 
the period of limitation for such appeals; 
(e) entering upon any property (not being a homestead or apIace 
of worship) and surveying such propcrty for the purpose of 
dclermining any question or mailer necessary to decide, for 
carrying out he purposes of this Acl; 
(0 any other maller required 10 be prescribed. 

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