Every

permission for any development granted under this Act shall remain in force for three years only from the date ofsuch permission: Provided that the State Government/ State Urban and Country Planning Board and Local Planning Au- thority may, on application made in this behalfbefore the expiry ofthe aforesaid period, extend such period for such time as it may think proper; but such extended period shall in no case exceed three years: Provided further that such lapse shall not bar any subsequent application for fresh permission under this Act- 32. ( I ) Where any person, interested in the land aggrieved by an order in appeal under section -30 refusing to grant permission to develop the land or granting permissio[ subject to conditions, claims - (a) that the land has become incapable of reason- able beneficial use ir the existing state or (b) in a case where permissionto develop the lard was granted subject to conditions, that the land cannot be rendered capable to reason- ablybeneficial use by carrying out the permit- ted development in accordance with these conditions, he may within three months and in the manner prescribed by the rules, serve on the State Govemment a notice (hereinafter re- ferred to as an acquisition notice) requirhg the State Govemment to acquire his interest in the land. (2) A copy of such notice shall at the same time be served on the State Urban and Country Planning Board and the I-ocal PlanningAuthority concemed. Lapse of permission Obligation to acquire on refusal of permission, or on grant of permission in certain cases.

(3) After receiving notice under sub-section (l), the State Govemment shall appoint a person who shall give reasonable opportunity to the persor interested serving the acquisition notice, the [,ocal Planning Authority concemed, and after hearing shall submit a report thereon to the State GovemmenV State Ufuan and Country Planning Board; after receiving such report, the State Govemmenl/ State Urban and Country Planning Board, (a) (i) ifsatisfied that the conditions specified in clause (a) or (b) of sub-section (l), are not fulfilled, or (ii) if the order appealed against was passed on the ground of not complying with any provisions ofthisAct, rules or regulations that may be applicable, shall pass an order refusing to coofirm the notice; (b) if satisfied that the conditions specified in clauses (a) or (b) ofsub-section (1) are fulfilled regarding the land or any part ofthe Iand, shall pass an order; (i) confirming the notice: or (ii) directing the Local Plaming Authority to grant such permission to develop the land or grant the permission subject to such conditions as will keep the land capable of reasonably benefi cial use. (4) Ifwithin the period of3 (tfuee) years from the date on which an acquisition notice is served under sub-section ( 1), the State Govenment/ State Urban and Country Planning Board have not passed any order under the last foregoing sub-section, the notice shali be deemed to have been confirm€d at the expiratior of that period.

+i (5) I-pon conflrmation ofthe notice under cither ofthe t\r,o last foregoing sub-sections, the State GovemmentiState Urban and Country Planning Board shall proceed to acquire the land or that part of any land regarding u,hich the notice has been conhrmcd widrin 3 (three) years ofthe confirmation of the acquisition notice. 33. (1) Where an order in appeal under seation -30, refusing to grant permission. or gralting, permission subject to conditions, relates to any of the following developments - (a) the re-erection of a building which has been destroyed or demolished so long as the cubic content ofthe original building is not exceeded by more than one-tenth: (b) the enlargement, improvement or other alteration of any building which was in

existence on the date, a development

plan relating to the area comes into operation for the first time, so long as the cubic content of the original building is not exceeded by more than one-tenth; (c) the carrying out, on land used for the purposes of agriculture, of any building or other operation required for that purpose, other than operations for the erection, enlargement, improvement or alteration of a building for human habitation or ofbuilding used for the purpose ofmarketing ofthe produce of land; (d) where any part ofany building or other land which on the date of coming into operation for the f[st tim€ ofa developmentplan relating to

the area is used for

a particular purpose, the use for that purpose of any additional part of the building or land not exceeding one-tenth ofthe cubic cortent ofthe part ofthe building used for that purpose on that day, or as the case may be, one-tenth ofthe area of the land so used on that date, the owner may, witiin the time and in the mamerprescribed by rules under rhis Act claim upon the Local Plaming Compensation forrefusal of permission or grant of permission subject to conditions in certail cases.

.+,+ Authority, if he has not been served an acquisition notrce. or lf the acquisition is not confirmed by the State Govemmeny State Urban and Country Planning Board under Section -30, compensation for such refusal or for grant ofpermission subject to conditions : Provided that no compensation shall be claimable ifsuch refusal or grant ofpermission subject to condition was based on any provision ofany Development Plan. (2) The compensation shall be equal to - (a) where permission is refused, the difference between the value of the land as if the permission had been granted and the value of the land in irs exrstirg state: (b) where permissior is granted subject to conditions. The difference between the value of the land as if the permission had been granted unconditionally and the value ofthe land with the permission granted subject to conditions. (3) W1ten a claim is received by the Local Planning Authority, a special oficer with suficient knowl- edge on the subject nominated for the purpose shall. after giving an opportunity ofbeing heard to the applicant, make a report to the Local Plafffng Autho ty. (4) The Local Plaming Authority shall, after consider- ation of the aforesaid report, assess the compen- sation and offer it to the owner (5) If the owner does not accept the compensation and gives notice, within such time as may be pre- scribed, of his refusal to accept, the Local Plan- ning Authority shall refer the matter for the abdi- cation ofthe Court and the decision ofthe Court shall be final aad binding on the owner and the