(1) If it appears to the Planning Authority that it is expedient having regard to the development plan prepared, under preparation or to be prepared 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 Planning 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 relates to the carrying out of building or other operations no such order – 354
(i) shall affect such operations as have been previously carried out;
(ii) shall 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 subsection (1), if the owner claims from the Planning Authority within the time and in the manner prescribed, compensation 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 shall, after giving the owner a reasonable opportunity of being heard by the Senior Town Planner and after considering the Senior Town Planner’s report, assess and offer such compensation to the owner as it thinks fit.
(3) If the owner does not accept the compensation and gives notice, within such time as may be prescribed of his refusal to accept, the Planning 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 Planning Authority.
Penalty for unauthorised Development or for use otherwise than in conformity with the Development Plan