Provided that in case where such land is being utilised for any public purpose, the land or any part thereof is not required, the same shall be returned to the Land Bank of the appropriate Government.

Non-application of this Act in certain cases Non-application of this Act in certain cases.—The provisions of this Act shall not apply to such cases or such class of cases as may be notified by the appropriate Government, by notification, for the purpose of—

1. (a) the defence of India or national security; or
2. (b) any emergencies arising out of natural calamities or any other emergency with the approval of Parliament: Provided that the acquisition for such purposes shall be made by the appropriate Government only after the appraisal by the Expert Group constituted under section 41 and the appropriate Government shall ensure that the extent of land acquired is the minimum area required for such purpose.