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State of Arunachal Pradesh - Section

Section 32 in Arunachal Pradesh Urban and Country Planning Act, 2007

32. Obligation to acquire on refusal of permission, or on grant of permission in certain cases.

(1)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 permission subject to conditions, claims -
(a)that the land has become incapable of reason-able beneficial use in the existing state or
(b)in a case where permission to develop the land was granted subject to conditions, that the land cannot be rendered capable to reason-ably beneficial use by carrying out the permitted development in accordance with these conditions, he may within three months and in the maimer prescribed by the rules, serve on the State Government a notice (hereinafter referred to as an acquisition notice) requiring the State Government 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 Local Planning Authority concerned.
(3)After receiving notice under sub-section (1), the State Government shall appoint a person who shall give reasonable opportunity to the person interested serving the acquisition notice, the Local Planning Authority concerned, and after hearing shall submit a report thereon to the State Government/ State Urban and Country Planning Board; after receiving such report, the State Government/ State Urban and Country Planning Board.
(a)
(i)if satisfied that the conditions specified in clause (a) or (b) of sub-section (1), are not fulfilled, or
(ii)if the order appealed against was passed on the ground of not complying with any provisions of this Act, rules or regulations that may be applicable, shall pass an order refusing to confirm the notice;
(b)if satisfied that the conditions specified m clauses (a) or(b) of sub-section (1) are fulfilled regarding the land or any part of the land, shall pass an order;
(i)confirming the notice;
or
(ii)directing the Local Planning 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 beneficial use.
(4)If within the period of 3 (three) years from the date on which an acquisition notice is served under sub-section (1), the State Government/ State Urban and Country Planning Board have not passed any order under the last foregoing sub-section, the notice shah be deemed to have been confirmed at the expiration of that period.
(5)Upon confirmation of the notice under either of the two last foregoing sub-sections, the -State Government/ State Urban and Country Planning Board shall proceed to acquire the land or that part of any land regarding which the notice has been con fumed within 3 (three) years of the confirmation of the acquisition notice.