(1) Where any person aggrieved by an order in appeal under section 45 refusing to grant 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) in a case where permission was granted subject to conditions, that the land cannot be rendered capable of reasonably beneficial use by carrying out the development in accordance with such conditions, he may, within three months from the date of passing of such order and in the manner prescribed, serve on the Government, a notice requiring the Government to acquire his interest in such land (hereinafter in this section and in section 54, referred to as an acquisition notice).
(2) A copy of the acquisition notice shall also be served on the Board and the Planning and Development Authority concerned.
(3) After receiving the notice under sub-section (1) the Government shall appoint a person who shall, after giving a reasonable opportunity of being heard to the person serving the acquisition notice, the concerned Planning and Development Authority and the Board, submit a report thereon to the Government.
(4) After receiving the report under sub-section (3), the Government shall—
(a) (i) if it is satisfied that any of the conditions specified in clause (a) or clause (b) of sub-section (1) is not fulfilled; or
(ii) if the order appealed against was passed on the ground that any of the provisions of this Act or the rules made thereunder had not been complied with, pass an order refusing to confirm the notice; or
(b) if it is satisfied that any of the conditions specified in clause (a) or clause (b) of sub-section (1) is fulfilled, pass an order—
(i) confirming the notice; or
(ii) directing the Planning and Development Authority to grant such permission ---27--- or to alter the conditions in such a way as will keep the land or part thereof capable of reasonably beneficial use.
(5) If within the period of one year from the date on which an acquisition notice is served under sub-section (1), the Government had not passed any order under sub-section
(4), the notice shall be deemed to have been confirmed on the expiration of such period.
(6) On an acquisition notice being confirmed under sub-section (4) or deemed to have been confirmed under sub-section (5), the Government shall proceed to acquire the land or part thereof in respect of which the notice has been confirmed, within one year of such confirmation.