(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 revoked or modified, the Town and Country 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 suchorder shall be passed at any time after the change has taken place.
40 THE HIMACHAL PRADESH TOWN AND COUNTRY PLANNING ACT, 1977
(2) Where permission is revoked or modified by an order under the lastforegoing 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 expenditureincurred 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 andCountry 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.