(1) 40
(c) any officer ofthe Local PlarLning Authoriry or Local Authority as may be mentioned therein. , in such cases and subject to such conditions, ifany. as may be specified therein.
Any applicant aggrieved by an order passed under the last foregoing section, or if no order is passed under sub-section (2) ofthe last foregoing section, may appeal witlur one month of the communication of that order to him, or after the expiry of the aforesaid period of three months, in the manner and accompanied by such fees as may be prescribed by the rules, to the State GovemmenV State Urban aud Country Planning Board.
(2) The State Goverrunenv State Urban and Country Planning Board, after receiving the app€al, may give a reasonable opportudty to the appellant and the concem Local Planning Authority to be heard or any other person appointed by the State Govemment/ State Ufuan and Country Planning Board on their behalf to give a reasonable opporhrnity to the app€llant and the Local Planning Authority concemed to be heard and to submit thereafter his report on the appeal to the State Govemment/ State Urban and Country Planning Board.
(3) After hearing the appellant and the Local Planning Authority concemed or after considering the aforesaid report the State Govemment/ State Urban and Country Planning Board may pass an order dismissing the appeal or accepting the appeal by -
(i) granting permission unconditionally : or
(ii) granting permission subject to such condition as it may think fit : uod .
(iii) removing the conditions subject to which permission has been granted and
(vi) imposirg otber conditions, if any as it may think fit.
4l
(4) The State Coverrunen, State Urban and Country Plaoning Board may, by a resolution, delegate any of its functions and powers under this section to the Secretary, State Urbal and Country Planning Board, in such cases and subject to such conditions, ifany as may be specified therein.
31. Every permission for any development granted under this Act shall remain in force for three years only from the date ofsuch permission:
Provided that the State Government/ State Urban and Country Planning Board and Local Planning Authority may, on application made in this behalfbefore the expiry ofthe aforesaid period, extend such period for such time as it may think proper; but such extended period shall in no case exceed three years:
Provided further that such lapse shall not bar any subsequent application for fresh permission under this Act-
32. ( I ) Where any person, interested in the land aggrieved by an order in appeal under section -30 refusing to grant permission to develop the land or granting permissio[ subject to conditions, claims -
(a) that the land has become incapable of reasonable beneficial use ir the existing state or
(b) in a case where permissionto develop the lard was granted subject to conditions, that the land cannot be rendered capable to reasonablybeneficial 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 State Govemment a notice (hereinafter referred to as an acquisition notice) requirhg the State Govemment to acquire his interest in the land.
(2) A copy of such notice shall at the same time be served on the State Urban and Country Planning Board and the I-ocal PlanningAuthority concemed.
Lapse of permission Obligation to acquire on refusal of permission, or on grant of permission in certain cases.
42
(3) After receiving notice under sub-section (l), the State Govemment shall appoint a person who shall give reasonable opportunity to the persor interested serving the acquisition notice, the [,ocal Planning Authority concemed, and after hearing shall submit a report thereon to the State GovemmenV State Ufuan and Country Planning Board; after receiving such report, the State Govemmenl/ State Urban and Country Planning Board,
(a) (i) ifsatisfied that the conditions specified in clause (a) or (b) of sub-section (l), are not fulfilled, or
(ii) if the order appealed against was passed on the ground of not complying with any provisions ofthisAct, rules or regulations that may be applicable, shall pass an order refusing to coofirm the notice;
(b) if satisfied that the conditions specified in clauses (a) or (b) ofsub-section (1) are fulfilled regarding the land or any part ofthe Iand, shall pass an order;
(i) confirming the notice:
or
(ii) directing the Local Plaming 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 benefi cial use.
(4) Ifwithin the period of3 (tfuee) years from the date on which an acquisition notice is served under sub-section ( 1), the State Govenment/ State Urban and Country Planning Board have not passed any order under the last foregoing sub-section, the notice shali be deemed to have been confirm€d at the expiratior of that period.
+i
(5) I-pon conflrmation ofthe notice under cither ofthe t\r,o last foregoing sub-sections, the State GovemmentiState Urban and Country Planning Board shall proceed to acquire the land or that part of any land regarding u,hich the notice has been conhrmcd widrin 3 (three) years ofthe confirmation of the acquisition notice.