Section 49(1) in West Bengal Town and Country (Planning and Development) Act, 1979
(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.
