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Report No. 10

3. The Calcutta Municipal Act, 1951 (33 of 1951)

Chapter 32 of the Act, sections 517 to 525 relate to acquisition and disposal of land and buildings. The Corporation is authorised to acquire land or building whether situate in Calcutta or not (i) for the purpose of opening out any congested or unhealthy area or of otherwise improving any portion of Calcutta, (ii) for the purpose of erecting sanitary dwellings for the purpose of executing any other scheme for providing any amenity for persons residing in Calcutta. There are also other provisions enlarging the purpose for which acquisition may be made.

Under section 524 of the Act in which the Corporation is authorised by this Act to acquire, acquisition may be made under the provisions of the Land Acquisition Act, 1894 but subject, however, to the following amendments. The amendment is that the market value of any land or building to be acquired shall be deemed, for the purpose of clause first of sub-section (1) of section 23 of the said Land Acquisition Act, 1894 to be the market value according to the disposition of such land or building at the date of the publication of the declaration relating thereto under section 6 of the said Land Acquisition Act, 1894. Three provisos are added to this:-

(i) if, within a period of two years from the date of the publication of such declaration in respect of any land or building, the Collector has not made an award under section 11 of the said Land Acquisition Act, 1894, with respect to such land or building, the owner of the land or building shall be entitled to receive compensation for the damage suffered by him in consequence of the delay;

(ii) if the market value is specially high in consequence of the property being put to a use which is unlawful or contrary to public policy, that use shall be disregarded and the market value shall be deemed to be the market value of the land or building if put to ordinary uses;

(iii) if the market value has been increased by means of any improvement made by the owner or his predecessor in interest within one year before the aforesaid declaration was published, such increase shall be disregarded, unless it be proved that the improvement was made bona fide and not in contemplation of proceedings for the acquisition of the land or building being taken under the said Land Acquisition Act. 1894.

On payment of compensation by the Corporation, the title of the property will vest with the Corporation.



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