Act-

( 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. 42 (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.