19th December, 1994

 

An Act to amend the Land Acquisition Act, 1894, in its application to West Bengal. WHEREAS it is expedient to amend the Land Acquisition Act, 1894, in its application to West Bengal, for the purpose and in the manner hereinafter appearing; It is hereby enacted as follows:

 

Section 1 Short title and commencement

 

(1) This Act may be called the Land Acquisition (West Bengal Amendment) Act, 1993.

 

(2) It shall be deemed to have come into force on the 14th day of February, 1990.

 

Section 2 Application of the Act

 

The Land Acquisition Act, 1894 (hereinafter referred to as the principal Act), shall, in its application to West Bengal, be amended in the manner hereinafter provided.

 

Section 3 Amendment of section 49A of Act 1 of 1894

 

In section 49A of the principal Act as amended by the Land Acquisition (West Bengal Amendment) Act, 1986, after sub-section (2), the following sub-section shall be inserted : (3) The provisions of this section shall apply to a multi-storeyed building where the State Government or the Central Government or any Government undertaking, State or Central, has been occupying any portion of any floor or any flat for the purpose of its office, either as a monthly tenant or otherwise, and intends to retain such floor or flat, as the case may be, permanently under occupation, in any area within

(a) Calcutta as defined in clause (9) of section 2 of the Calcutta Municipal Corporation Act, 1980, or

 

(b) Howrah as defined in clause (15) of section 2 of the Howrah Municipal Corporation Act, 1980, to the exclusion of any other area in West Bengal, notwithstanding anything contained elsewhere in this Act or in any other law for the time being in force.

 

Explanation. For the purposes of this section, "multi-storeyed building" shall mean a building comprising more than one storey and containing a number of flats which may be treated as independent units but which are part of such building having direct access or exit to a road, street, or highway or to a common area or facility leading to such road, street, or highway, which, together with its undivided interest in such common area and facility, forms in independent residential unit.