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State of West Bengal - Section

Section 51 in West Bengal Town and Country (Planning and Development) Act, 1979

51. Power of revocation and modification of permission to develop.

(1)If it appears to the Planning Authority or the Development Authority that it is expedient, having regard to the [Land Use and Development Control Plan] [Substituted by Section 7 of the West Bengal Town and Country (Planning and Development) (Amendment) Act, 1994 (West Bengal Act 26 of 1994) for development plan.] prepared or under preparation or to be prepared and to any other material consideration, that any permission to develop land granted under this Act or any other law, should be revoked or modified, the Planning Authority or the Development Authority may, by order, revoke or modify the permission to such extent as appears to it to be necessary :Provided that -
(a)where the permission relates to the carrying out of building or other operations, no such order shall, -
(i)affect such of the operations as have been previously carried out;
(ii)be passed after these operations have been completed;
(b)where permission relates to a change of use of land, no such order shall be passed at any time after the change has taken place.
(2)When permission is revoked or modified by an order made under sub-section (1), if the owner claims from the Planning Authority or the Development Authority within thirty days from the date of revocation or modification, an amount for 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 Planning Authority or the Development Authority shall, after giving the owner a reasonable opportunity of hearing by an officer appointed by it in this behalf, and after considering the officer's report, assess and offer such amount to the owner as it thinks fit.
(3)If the owner does not accept the amount and gives notice, within thirty days from the date of offer, the Planning Authority or the Development Authority shall refer the matter for the adjudication of the Court and the decision of the Court shall be final and binding on the owner and the concerned authority.Explanation. -The expression "Court" has the same meaning as in section 50