S.1 Short title, extent and commencement.

       (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 2[Kolkata] Municipality as defined in clause (b) of section 2 of the 2[Kolkata] Improvement Act, 1911 (Ben. Act V of 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.
       2. Subs. by s. 5 of the West Bengal Capital City (Change of Name) Act, 2001 (West Ben. Act XVIII of 2001) for the word "Calcutta".
       3[4[Explanation I.] - For the purpose of this Act, the 2[Kolkata] Improvement Act, 1911, shall not be deemed to have been extended under sub-section (3) of section 1 of that Act to any area if section 167 only of that Act has been extended to such area.]
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S.2 Definitions.

       In this Act, unless there is anything repugnant in the subject or context,-
       (a) the expressions "land", "Collector" and "Company" respectively have the same meanings as in the Land Acquisition Act, 1894 (I of 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 1[State] of ’West Bengal on account of circumstances beyond their control,
       (ii) the establishment of towns, model villages and agricultural colonies,
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S.3 Appointment of the’ prescribed authority.

       The 3[State] Government may appoint, in accordance with the rules, an authority (hereinafter referred to as the prescribed authority) for carrying out the purposes of this Act.
       3. Subs, by para. 4(1) of the Adaptation of Laws Order, 1950 for the word "Provincial."

S.4 Declaration of notified area.

       (1) The 3[State] Government may, by notification in the Official Gazette, declare any area specified in the notification to be a notified area if it is satisfied that any land in such area is needed or is likely to be needed for any public 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.
       3. Subs, by para. 4(1) of the Adaptation of Laws Order, 1950 for the word "Provincial."
       (2) Thereupon it shall be lawful for any person either generally or specially authorised by such Government in this 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 subsoi

S.4(A) 1[4A. Hearing of objections.

       (1) Any person interested in any land within a notified area may, within thirty days from the date of issue of the notification specifying the area to be a notified area, object to the acquisition of the land in which he is interested.
       1. Section 4A ins. by s. 4 of the West Bengal Land Development and Planning (Amendment) Act, 1955 (West Ben. Act XXIII of 1955).
       (2) Every objection under sub-section (1) shall be made to the Collector in writing and the Collector shall give the objector an opportunity of being heard and shall, after hearing all objections and making such further inquiry, if any, as he thinks necessary, submit the case to the State Government together with the record of the proceedings held by him and a report containing his recommendations on the objections.]

S.5 Preparation and sanctioning of development scheme.

       (1) The 2[State] Government may direct the prescribed authority, or, if it so thinks fit in any case, authorise any Company or local authority, to prepare, in accordance with the rules, a development scheme in respect 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 2[State] Government for its sanction:
       2. Subs. by para. 4(1) of the Adaptation of Laws Order, 1950 for the word "Provincial".
       3[Provided that no scheme shall be necessary for acquisition of land for the public purpose specified in sub-clause (i) of clause (d) of section 2.]
       3. Proviso added by s. 5(a) of the West Bengal Land Development and Planning (Amendment) Act, 1955 (West Ben. Act XXIII of 1955).
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S.6 Declaration of acquisition of land needed for development scheme.

       (1) When a development scheme is sanctioned under sub-section (2) of section 5 and the 2[State] 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 needed for a public purpose shall, unless already made in pursuance of section 7, be made by the 2[State] Government.
       2. Subs. by para. 4(1) of the Adaptation of Laws Order, 1950 for the word "Provincial".
       6[(1a) When the State Government is satisfied, after taking into consideration any report submitted under sub-section (2) of section 4A, that any land in the notified area is needed for the public purpose specified in sub-clause (i) of clause (d) of section 2, a declaration to the effect that such land is heeded for the said purpose shall 1[* * *

S.7 Special provision in cases, of urgency.

       In cases of urgency, if in respect of any notified area the, 3[State] Government is satisfied that the, preparation of a development scheme is likely to be delayed, the 3[State] Government may, at any time, make a declaration under section 6, in respect of such notified area or any part thereof though no development scheme has either been prepared or sanctioned under section 5.
       3. Subs. by para. 4(1) of the Adaptation of Laws Order, 1950 for the word "Provincial".

S.8 Application of Act I of 1894 subject to special provision for compensation.

       4[(1)] 5[After making a declaration under section 6] the 3[State]-Government may acquire the land and thereupon the provisions of the Land Acquisition Act, 1894 (I of 1984) (hereinafter in this section referred to as the said Act), shall so far as may be, apply:
       Provided that-
       (a) if in any case the 3[State] Government so directs, the Collector may, at any time after, a declaration is made under section 6, take possession, in accordance with the rules, of any beel, baor, tank or other watery area or 6[any waste or arable land] in respect of which the declaration is made and thereupon such land shall vest absolutely in the 7[Government] free from all encumbrances;
       8[* * * *]
       (b) in determining the amount of compensation to be awarded for land acquire

S.9 4[9. Power to dispose of land acquired under the Act.

       (1) Where the State Government decides to lease or sell any land acquired in pursuance of this Act, the person or persons from wham the land was so acquired shall, in such manner as the State Government may direct, be offered a prior right to take on lease or to purchase the land an such terms and conditions as may be determined by the State Government.
       4. Section 9 subs. by s. 8 of the West Bengal Land Development and Planning (Amendment) Act, 1955 (West Ben. Act XXIII of 1955), which was earlier as under:
       (2) If, in any case, two or more persons claim to exercise a right offered under sub-section (1), the right shall be exercisable· by such of the claimants as the State Government may determine after such inquiry as it thinks fit.]
       "9. Power to dispose of land without development. - Notwiths

S.10 Execution of development scheme and disposal of land.

       (1) The 1[State] Government may direct the prescribed authority to execute any development scheme sanctioned under sub-section (2) of section 5 or cause it to be executed in accordance with the rules and upon the execution 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 1[State] Government.
       1. Subs. by para. 4(1) of the Adaptation of Laws Order, 1950 for the word "Provincial".
       (2) If the 1[State] 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 1[State] Government and embodied in an agreement to be entered

S.11 Withdrawal of power from Company or local authority to execute development scheme or to dispose of land.

       If, at any time, the 1[State] Government is satisfied that any of the terms or conditions contained in an agreement referred to in sub-section (2) of section 10 is not being complied with, it may, by order served in accordance with the rules on the Company or local authority, as the case may be, withdraw the power conferred on it to execute any development scheme or to dispose of the lands comprised therein or both and may thereafter make such arrangement in that behalf as it may deem fit and proper.
       1. Subs. by para. 4(1) of the Adaptation of Laws Order, 1950 for the word "Provincial".

S.12 Protection of action taken under this Act.

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 Act or any rule or order made thereunder.

S.13 Delegation of powers.

       The 1[State] Government may, by notification in the Official Gazette, direct that any or all of the powers conferred upon it by this Act shall be exercisable also by such authority subject to such conditions, if any, as may be specified in the notification.
       1. Subs. by para. 4(1) of the Adaptation of Laws Order, 1950 for the word "Provincial".

S.14 Power to make rules.

       (1) The 1[State] Government may make rules for carrying out the purposes of the Act.
       1. Subs. by para. 4(1) of the Adaptation of Laws Order, 1950 for the word "Provincial".
       (2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely :-
       (a) the designation, constitution and manner of appointment of the prescribed authority;
       (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)

S.15 Continuance of action taken under West Bengal Ordinance II of 1948.

Any appointment or rules made or any notification issued or anything done or any action taken or any proceeding commenced in exercise of any power conferred by or under the West Bengal Land Development and Planning Ordinance, 1948 (West Ben. Ord. II of 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.