Amendment status not verified — confirm the current text below against the official source.
Every permission granted under section 31 or section 32 or section 33 shall remain in force for a period of *three years from the date of such grant and thereafter it shall lapse: Provided that the Director may, on an application, extend such period from year to year but the total period shall, in no case exceed *five years from the date on which the permission was initially granted: Provided further that such lapse shall not bar any subsequent application for fresh permission under this Act. 35.(1)Where any land is designated by a development plan as subject to compulsory acquisition:- (a) for development for the purpose of town expansion or town improvement, or (b) for development for the purpose of the Union or State Government or a local authority or a Special Area Development Authority constituted under this Act, or (c) for development as a highway or a public utility services and the owner of the land claims.- (i) the land has become incapable of reasonably beneficial use in its existing state, or (ii) the permission to develop land is given subject to conditions, that the land cannot be rendered capable of reasonably beneficial use by carrying out the permitted development in accordance with the conditions, or (iii) the sale value of the land has diminished because of the designation of the land for acquisition or development; Such owner may serve on the State Government within such time in such manner and together with such documents as may be prescribed, a notice requiring the appropriate authority to purchase his interest in the land in accordance with the provisions of this Act. * As amended vide Himachal Pradesh Town and Country Planning (Amendment) Act,1994 (Act No.16 of 1994). Obligation to acquire land Lapse of permission Revision 24 (2) On receipt of the notice under sub-section (1) the State Government shall forthwith call from the Director and the appropriate authority such report or records, or both as may be necessary, which these authorities shall forward to the State Government as soon as possible but not later than thirty days from the date of their requisition. (3) On receiving such records or reports the State Government may,- (a) if it is satisfied that the conditions specified in sub-section (1) are fulfilled, and that the order of decision for permission was not duly made on the ground that the applicant did not comply with any of the provisions of this Act or the rules made there under, confirm the notice or direct that the permission be granted without conditions or subject to such conditions as will make the land capable of reasonably beneficial use; (b) in any other case, refuse to confirm the notice but in that case, the applicant shall be given a reasonable opportunity of being heard. (4) If within a period of one year from the date on which the notice is served, the State Government does not pass any final order thereon, the notice shall be deemed to have been confirmed at the expiration of that period. (5) Upon, conformation of the notice the State Government shall, within a period of one year of such confirmation, proceed to acquire the land or that part of any land regarding which the notice has been conformed in accordance with the provisions of this Act. 36.(1)The appropriate authority, if it is satisfied, that the land is not or is no longer required for the public purpose for which it is designated or reserved or allocated in the draft development plan or sectoral plan, or the final development plan or sectoral plan may request.- (a) the Director to sanction the deletion of such designation or reservation or allocation from the draft development plan or sectoral plan; or (b) the State Government to sanction the deletion of such designation or reservation or allocation from the final development plan or sectoral plan. (2) On receipt of such request from the appropriate authority, the Director, or as the case may be the State Government may make an order sanctioning the deletion of such designation or reservation or allocation from the relevant plan; Provided that, the Director or, as the case may be, the State Government may, before making any order, make such enquiry as he/it may consider necessary and satisfying himself/ itself that such reservation or designation or allocation is no longer necessary in the public interest. (3) Upon an order under sub-section (2) being made the land shall be deemed to be released from such designation, reservation or, as the case may be, allocation and shall become available to the owner for the purpose of development as otherwise permissible in the case of adjacent land under the relevant plan. 37.(1)If it appears to the Town and Country Development Authority or Special Area Development Authority that it is expedient, having regard to the development plan prepared or under preparation and to any other material considerations, that any permission to develop land granted under this Act or any other law, should be Deletion of reservation of designated land from draft or final development plan Power of revocation and modification or permission to development 25 revoked or modified, the Town and Country Planning Development Authority or the Special Area Development Authority may, by an order, revoke or modify the permission to such extent as appears to it to be necessary: Provided that- (a) where the permission related to the carrying out or other operations, no such orders.- (i) shall affect such of the operations as have been previously carried out; (ii) shall be passed after those operations have been completed. (b) where permission related to a change of use of land, no such order shall be passed at any time after the change has taken place. (2) Where permission is revoked or modified by an order under the last foregoing section, and the owner claims from the Town and Country Development Authority or the Special Area Development Authority, within the time and in the manner prescribed, amount in lieu of the expenditure incurred in carrying out the works after the grant of permission and in accordance with such permission, which has been rendered abortive by the revocation or modification the Town and Country Development Authority or the Special Area Development Authority shall, after giving the owners reasonable opportunity of being heard by the Town Planning Officer and after considering his report, assess and offer subject to provisions of section 11 such amount to the owner as it thinks fit. (3) If the owner does not accept the amount and gives notice within such time as may be prescribed, of his refusal to accept, the Town and Country Development Authority or the Special Area Development Authority shall refer the matter for the adjudication of the court and the decision of the court shall be final and be binding on the owner and the Town and Country Development Authority or the Special Area Development Authority.