(1) Within one month of the coming into operation of the Development Plan, any person aggrieved by it may make an application to the High Court questioning the validity of the Development Plan or any provisions contained therein on the following grounds:—
(a) that it 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 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 130 The West Bengal Town and Count?), (Planning and Development) Act, 1979.
XIII of 1979.]
(Chapter VI.—Preparation of Development Plans and Procedure for their Statutory Approval.—Sections 40-43.)
(b) if satisfied that the 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 Development Plan shall not, either before or after it has been approved, be questioned in any manner, in any legal proceedings whatsoever.