Section 4 of West Bengal Public Land Act, 1962

4. [ Order of eviction of person in unauthorised occupation from public land. [[Section 4 first substituted by W.B. Act 36 of 1963, then again substituted by W.B. Act 49 of 1976. Previous Section 4 was as under:- '4. Order of eviction of persons in unauthorised occupation from public land. - (1) If after considering the cause, if any, shown by any person in pursuance of a notice issued under section 3 and any evidence adduced in support thereof, and any evidence which, may be adduced by the owner and after making such further inquiry, if any, as he deems necessary, - (a) the Collector is satisfied that no bona fide dispute regarding title to the public land exists and that the public land is in unauthorised occupation, he shall make an order of eviction directing all persons in such unauthorised occupation to vacate the public land and deliver possession thereof to the owner within such time as may be specified in the order; or (b) the Collector is satisfied that any person concerned is not in unauthorised occupation of the public land or is of opinion that a bona fide dispute regarding title to the public land exists, he shall make an order cancelling the proceedings and referring the parties to the civil court. (2) For the purpose of making an inquiry referred to in sub-section (1), the Collector, or any person authorised by him in this behalf, may - (a) enter upon the public land and inspect, measure or demarcate the same at any time between sunrise and sunset; and (b) require, in such manner as may be prescribed, all persons concerned or any other person to furnish information relating to the names and other particulars of the persons concerned and the persons concerned or any other person so required shall be bound to furnish such information. (3) The Collector shall cause a copy of the order made under clause (a) of sub-section (1) to be served in the manner referred to in sub-section (2) of section 3.'.]] (1) If after considering the cause, if any, shown by any person in pursuance of a notice issued under section 3 and any evidence he may produce in support of the same and after giving him a reasonable opportunity of being heard, the Collector is satisfied that the public land is in unauthorised occupation, he shall make an order of eviction directing all persons in such authorised occupation to vacate the public land and deliver possession thereof to owner within such time as may be specified in the order. (2) The Collector shall cause a copy of the order made under sub-section (1) to be served in the manner referred to in sub-section (2) of section 3.] [Clause (4) substituted by W.B. Act 36 of 1963.] 4A. [ Power to recover damages. [[Section 4A first substituted by W.B. Act 36 of 1963, then again substituted by W.B. Act 49 of 1976. Previous Section 4A was as under :- '4A. Power to recover damages. - When an order of eviction has been made under clause (a) of sub-section (1) of section 4 in respect of any public land, the Collector may, upon application made by an officer of the owner of the public land authorised in this behalf by the owner, make an order directing any person who is, or has at any time been, in unauthorised occupation of the public land to pay for the period during which he has or had been in such occupation, damages at such rate, not exceeding double the rate of rent prevailing for similar lands which similar advantages in the vicinity, as may be prescribed, with such time as may be specified in the order: Provided that no such order shall be made against any person without giving him an opportunity of showing cause against the order proposed to be made.'.]] - When in order of eviction has been made under sub-section (1) of section 4 in respect of any public land, the Collector may, upon application made by an officer of the owner of the public land authorised in this behalf by the owner, make an order directing any person who is, or has at any time been, in unauthorised occupation of the public land to pay for the period during which he has or had been in such occupation, damages at such rate not exceeding per annum - (i) in the case of agricultural land, twenty-five per centum of the money value of the gross annual produce of such land, and (ii) in any other case, ten per centum of the market value of the land, within such time as may be specified in the order: Provided that no such order shall be made against any person without giving him an opportunity of showing cause against the order proposed to be made.]