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State of Gujarat - Section

Section 33 in The Gujarat Town Planning and Urban Development Act, 1976

33. Power of revocation and modification of permission to development.

(1)If it appears to the appropriate authority that it is necessary or expedient, having regard to the development plan that may have been prepared or may be under preparation or having regard to any variation made in the final development plan that any permission granted under Section 29 should be revoked or modified, the appropriate authority may, after giving the person concerned an opportunity of being heard, by order, revoke or modify the permission to such extent as appears to it to be necessary:Provided that where the permission relates to the carrying out of any building or other operation, in or over any land, no such order shall affect such of the operations as may have already been carried out in pursuance of the permission; and no such order shall be passed after such operations have substantially progressed or have been completed.
(2)Where any permission is revoked or modified by an order made under sub-section (1) and any owner claims within the time and in the manner prescribed, compensation for the expenditure incurred in carrying out any development in accordance with such permission which has been rendered abortive by the revocation or modification, the appropriate authority shall, after giving the owner a reasonable opportunity of being heard, assess and offer such compensation to the owner as it thinks fit.
(3)If the owner does not accept the compensation and give notice within such time as may be prescribed of his refusal to accept the compensation, the appropriate authority shall refer the matter, in the City of Ahmedabad, to the Principal Judge of the City Civil Court, Ahmedabad, and elsewhere to the District Judge and the decision of such Judge shall be final and binding on the owner and appropriate authority.