Section 35 in The Himachal Pradesh Town and Country Planning Act, 1977
35. Obligation to acquire land.
(1)Where any land is designated by a development plan as subject to compulsory acquisition,-(a)for development for the purpose of town expansion or town improvement, or(b)for development for the purpose of the Union or State Government or a local authority or a Special Area Development Authority constituted under this Act, or(c)for development as a highway or a public utility services and the owner of the land claims-(i)the land has become incapable of reasonably beneficial use in its existing state, or(ii)the permission to develop land is given subject to conditions, that the land cannot be rendered capable of reasonably beneficial use by carrying out the permitted development in accordance with the conditions, or(iii)the sale value of the land has diminished because of the designation of the land for acquisition or development,such owner may serve on the State Government within such time in such manner and together with such documents as may be prescribed, a notice requiring the appropriate authority to purchase his interest in the land in accordance with the provisions of this Act.(2)On receipt of the notice under sub-section (1) the State Government shall forthwith call from the Director and the appropriate authority such report or records, or both as may be necessary, which these authorities shall forward to the State Government as soon as possible but not later than thirty days from the date of their requisition.(3)On receiving such records or reports the State Government may -(a)if it is satisfied that the conditions specified in sub-section (1) are fulfilled, and that the order of decision for permission was not duly made on the ground that the applicant did not comply with any of the provisions of this Act or the rules made thereunder, confirm the notice or direct that the permission be granted without conditions or subject to such conditions as will make the land capable of reasonably beneficial use;(b)in any other case, refuse to confirm the notice but in that case, the applicant shall be given a reasonable opportunity of being heard(4)If within a period of one year from the date on which the notice is served, the State Government does not pass any final order thereon, the notice shall be deemed to have been confirmed at the expiration of that period.(5)Upon, confirmation of the notice the State Government shall, within a period of one year of such confirmation, proceed to acquire the land or that part of any land regarding which the notice has been confirmed in accordance with the provisions of this Act.
