Section 39 in West Bengal Town and Country (Planning and Development) Act, 1979
39. Reference to High Court questioning the validity of the [Land Use and Development Control Plan.] [Substituted by Section 4(j)(i), ibid for Development Plan.].
(1)Within one month of the coming into 1peration of the [Land Use and Development Control Plan] [Substituted by Section 4(j)(ii), ibid for Development Plan.], any person aggrieved by it may make an application to the High Court questioning the validity of the [Land Use and Development Control Plan] [Substituted by Section 4(j)(ii), ibid for Development Plan.] or any provisions contained therein on the following grounds: -(a)that is not within the powers conferred by this Act, or(b)that any requirement of this Act, or any rules made thereunder have not been complied with in relation to the making of the [Land Use and Development Control Plan] [Substituted by Section 4(j)(ii), ibid for Development Plan.].(2)The High Court, after giving an opportunity to the authority concerned and the State Government to be heard, -(a)may stay, until the final determination of the proceedings, the operation of any provisions contained therein so far as it affects any property of the applicant; and(b)if satisfied that the [Land Use and Development Control Plan] [Substituted by Section 4(j)(ii) of the West Bengal Town and Country (Planning and Development) (Amendment) Act, 1994 (West Bengal Act 26 of 1994) for Development Plan.] or any provision contained therein is not within the powers conferred by this Act, or that the interest of the applicant has been substantially prejudiced by a failure to comply with any requirement of this Act or rules, may quash the plan or any provision contained therein generally or in so far as it affects any property of the applicant.(3)Subject to the above provisions of this section, a [Land Use and Development Control Plan] [Substituted by Section 4(j)(ii) of the West Bengal Town and Country (Planning and Development) (Amendment) Act, 1994 (West Bengal Act 26 of 1994) for Development Plan.] shall not, either before or after it has been approved, be questioned in any manner, in any legal proceedings whatsoever.
