(1) Immediately after the Development Plan has been approved by the Government, the Planning Authority shall publish a public notice in the Official Gazette and in a local newspaper of the approval of the Development Plan and place or places where copies of the same may be inspected.
(2) From the date of publication of the aforesaid notice in the Official Gazette, the Development Plan shall come into operation.
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(3) (a) After the coming into operation of the Development Plan, any person aggrieved by it may make an application to the court within thirty days of the coming into operation of the said Plan questioning the validity of the same or any provisions contained therein on the following grounds. –
(i) that it is not within the powers conferred by this Act, or
(ii) that any requirement of this Act, or any rules made thereunder have not been complied with in relation to the making of the Development Plan.
(b) The court after allowing an opportunity of being heard to the Planning Authority, the Board and the Government –
(i) 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
(ii) if satisfied that the development plan or any provision contained therein is not within the powers of this Act, or that the interest of the applicant has been substantially prejudiced by a failure to comply with any requirement of the 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.
(4) Subject to the provisions of sub-section (3); a Development Plan shall not, either before or after it has been approved, be questioned in any manner, in any legal proceedings whatsoever.
1[(5) Subject to the provisions of paragraph 3 of the Schedule, the notification under this section shall be deemed and have the same effect as a declaration under section 6 of the Land Acquisition Act, 1894 (Central Act 1 of 1894), except where a declaration under the last mentioned section has been previously made and is in force].
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1. Inserted by Act, 15 of 1971, section 4. w.e.f 15-7-1972.
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