Section 33 in The Bihar (Coal Mining) Area Development Authority Act, 1986
33. Obligation to acquire land on refusal of permission of, on grant of permission in certain cases.
(1)Where any person interested in the land aggrieved by an order in appeal under section 31 refusing to grant permission to develop the land, or granting permission subject to conditions, claims-(a)that the land has become incapable of reasonably 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 of reasonably beneficial use by carrying out the permitted development in accordance with these conditions, he may within three months and in the manner prescribed by the rules, serve on the Government a notice (hereinafter referred to as an acquisition notice) requiring the Government to acquire his interest in the land.(2)A copy of such notice shall at the same time be served on the Authority.(3)After receiving notice under clause (1) the Government shall appoint a person who shall give reasonable opportunity to the person interested in serving the acquisition notice and the Authority to be heard and shall submit a report thereon to the Government. After receiving such report, the Government-(a)(i)if satisfied that the conditions specified in (a) or (b) of clause (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 condition specified in (a) or (b) of clause (1) are fulfilled regarding the land or any part of the land shall pass an order-(i)confirming the notice; or(ii)directing the Authority to grant such permission to develop the land or grant the permission subject to such condition 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 clause (1) the Government has not passed any order under the last foregoing clause, the notice shall 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 clauses, the Government shall proceed to acquire the land or that part of any land regarding which the notice has been confirmed within one year of confirmation of the acquisition notice.
