PRTPD Act 84Chapter XI · Control of Development and Use of Land in Area where Master Plain is in Operation

Section 84 · Obligation to acquire land on refusal of permission or grant of permission in certain cases

(1)

Where any person, aggrieved by an order of the Competent Authority under section 81 or of the appellate authority under section 82 refusing to grant permission or granting permission subject to conditions, claims -

(a)

that the land has become incapable of reasonably beneficial use in its existing state; or

(b)

in a case where permission is given subject to conditions, that the [land and building] [Substituted for 'land' by Punjab Act No. 13 of 2003.] cannot be rendered capable or reasonably beneficial use by the carrying out of the permitted development in accordance with the conditions;

he may, within such time and in such manner as may be prescribed, serve on the State Government a notice (hereinafter referred to as "the acquisition notice") requiring the State Government to acquire his interest in the [land and building] [Substituted for 'land' by Punjab Act No. 13 of 2003.].

(2)

A copy of the acquisition notice referred to in sub-section (1) shall be served on the Competent Authority concerned.

(3)

After receiving the notice under sub-section (1), the State Government shall appoint a person having qualifications as may be prescribed, who shall, after giving a reasonable opportunity of being heard to the person serving the acquisition notice, and the Competent Authority concerned, submit a report thereon to the State Government.

(4)

After receiving the report under sub-section (3) the State 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 Competent Authority to grant such permission or to alter the conditions in such a way as will leave the land or part thereof capable or reasonably beneficial use.

(5)

If within a period of one hundred and twenty days from the date on which an acquisition notice is served, the State Government does not pass an order thereon 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 Competent Authority concerned shall get the land or that part thereof acquired in respect of which the notice has been confirmed within one year of such confirmation.

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