Power to refuse permission if land is proposed to be acquired

Power to refuse permission if land is proposed to be acquired.-- When a person has given notice to the Council under Section 187 in regard to his intention to construct a building, it shall be lawful for the Council to refuse the permission applied for if the Council or any other local authority decides to acquire the land on which any building is proposed to be constructed, and the Council or such other local authority, as the case may be, institutes the acquisition proceedings within four months of the date of such refusal: Provided that such refusal shall be subject to the following conditions namely:--

1. (a) if the property is acquired and no agreement is arrived at, as regards the amount of compensation payable to the person giving notice of his intention to construct a building, the same shall be determined in accordance with the provisions of this Act, regard being had to the likely benefit which would have accrued to such person if the permission had not been refused;
2. (b) if within a period of four months from the date of resolution of the Council proposing to acquire the land :-
   • (i) the land is not acquired by the Council by agreement; or
   • (ii) an application has not been made to the State Government for the institution of proceedings for compulsory acquisition under the provisions of the Land Acquisition Act, 1894 (I of 1894) ; or
   • (iii) if the Council abandons the proposal to acquire the land, the notice given under Section 187 shall be deemed to have been revived with effect from the date on which the said period of four months expires, or with effect from the date on which the decision of the Council to abandon the proposal is arrived at, as the case may be;
3. (c) a decision in the matter shall be communicated to the person giving notice within fifteen days from the decision; and the notice shall be dealt with as if the Council had not passed a resolution to acquire the land;
4. (d) the Council shall be liable to pay compensation to the said person in respect of the loss which he may prove to have incurred by reason of refusal by the Council to grant the permission: