Section 49 in West Bengal Town and Country (Planning and Development) Act, 1979
49. Obligation to acquire land on refusal of permission or on grant of permission in certain cases.
(1)Where any person, interested in the land and aggrieved by an order in appeal under section 47 refusing permission or granting permission subject to conditions, claims -(a)that the land has become incapable of reasonably beneficial use in the existing state, or(b)that the land, in a case where permission to develop has been granted subject to conditions, cannot be rendered capable of reasonably beneficial use by carrying out the permitted development in accordance with the conditions, he may within three months and in the manner prescribed 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 and a copy of the notice shall at the same time be served on the authority concerned.(2)After receiving the notice, the State Government shall appoint a person who shall, after reasonable opportunity of hearing to the person serving the acquisition notice and the authority concerned, submit his report thereon to the State Government.(3)The State Government, on a consideration of the report -(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 conditions specified in clause (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 concerned 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 one year from the date on which an acquisition notice is served under sub-section (1), the State Government does not pass any order under sub-section (3), the notice shall be deemed to have been confirmed at the expiration of that period.(5)Upon confirmation of the notice either under clause (b) of sub-section (3) or under sub-section (4), the State Government shall proceed to acquire the land or that part of any land regarding which the notice has been confirmed within one year of the confirmation.
