Section 52 in Tamil Nadu Town and Country Planning Act, 1971
52. Obligation to acquire land or building on refusal of permission or on grant of permission in certain cases.
(1)Where any person, interested in the land or building required or reserved or designated in any development plan, is aggrieved by any order in appeal made under this Act refusing to grant permission or granting permission subject to conditions and if he claims-(a)that the land or building has become incapable of reasonably beneficial use in the existing state, or(b)in a case where permission was granted subject to conditions, that the land or building cannot be rendered capable of reasonably beneficial use by carrying out the permitted development in accordance with those conditions, he may, within two months from the date of the order in appeal, made under this Act and in the manner prescribed, serve on the Government, a notice (hereinafter referred to as "acquisition notice" requiring the Government to acquire his interest in the land or building.(2)A copy of such notice shall, at the same time, be served on the appropriate planning authority.(3)After receiving the notice under sub-section (1), the Government shall appoint any person not below the rank of a District Revenue Officer who shall, after giving a reasonable opportunity to the person serving the acquisition notice and to the appropriate planning authority to be heard, submit a report thereon to the Government. After receiving such report, the Government shall, -(a)(i)if they are satisfied that the conditions specified in clause (a) or (b) of sub-section (1) are not fulfilled, or(ii)if the order made in appeal under this Act was passed on the ground that the provisions of this Act, rules or regulations that may be applicable have not been complied with, pass an order refusing to confirm the notice;(b)if they are satisfied that the conditions specified in clause (a) or (b) of sub-section (1) are fulfilled regarding the land or building or any part of the land or building, shall pass an order,-(i)confirming the notice, or(ii)directing the appropriate planning authority to grant such permission to develop the land or building or grant the permission subject to such conditions as will keep the land or building capable of reasonable beneficial use.(4)If within the period of one year from the date on which an acquisition notice is served under sub-section (1), the Government have not passed any order under the foregoing sub-section, the notice shall be deemed to have been confirmed at the expiration of the aforesaid period.(5)Upon confirmation of the notice under sub-section (3) or (4), the Government shall proceed to acquire the land or building or that part of the land or building in respect of which the notice has been confirmed within one year from the date of confirmation of the acquisition notice.
