Section 48(1) in Sikkim Urban and Regional Planning and Development Act, 1998
(1)Where:-(a)Any land is designated by a plan as subject to compulsory acquisition; or(b)Any land is allotted by a plan for the purpose of any functions of a Government or a local authority or a statutory body, or land is designated in such plan as a site proposed to be developed for the purposes of any functions of any such Government, authority or body; or(c)Any land is indicated in any plan as land on which a highway is proposed to be constructed or included; or(d)Any land for the development of which permission is refused or is granted subject to conditions, and any owner of land referred to an clauses (a), (b), (c) or (d) claims:-(i)That the land has become incapable or reasonably beneficial use in its existing state; or(ii)Where planning permission is given subject to conditions that the land cannot be rendered capable or reasonably beneficial use by the carrying out of the permitted development in accordance with the conditions; or(e)The owner of the land because of its designation or allocation in any plan claims that he is unable to sell it except at a lower price than that at which he might have reasonably expected to sell if it were not so designated or allocated;The owner or person affected may serve on the Government within such time and in such manner, as may be prescribed by regulations, a notice (hereinafter referred to as "the purchase notice") requiring the appropriate authority to purchase his interest in the land in accordance with the provisions of this Act.
