section 3
Power to requisition.
The Sikkim Land (Requisition and Acquisition) Act, 1977(1) If the State Government is of the opinion that it is necessary so to do for any public purpose, the State Government may, by order in writing, requisition any land and may make such further orders as appear to it to be necessary or expedient in connection with the requisitioning: Provided no land used for the purpose of religious worship or used by an educational or charitable institution shall be requisitioned under this section. (2) A Collector, when authorised by the State Government in this behalf, may exercise within his jurisdiction the powers conferred by sub-section (1). (3) An order under sub-section (1) or sub-section (2) shall be served in the manner prescribed on the owner of the land and where the land is in the occupation of an occupier, not being the owner of the land, also on such occupier. (4) If any person fails to comply with an order made under sub-section (1) or sub-section (2), the Collector or any other person authorised by him in writing in this behalf shall execute the order in such manner as he considers expedient and may,- (a) if he is a magistrate, enforce the delivery of possession of the land in respect of which the order has been made, to himself, or (b) if he is not a Magistrate apply to a Magistrate and such Magistrate shall enforce the delivery of possession of such land to him.
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