section 37
Power of Revocation and Modification of Permission for Development
The Bihar Urban Planning and Development Act, 2012Chapter VI CONTROL OF DEVELOPMENT AND USE OF LAND
Power of Revocation and Modification of Permission for Development.-(1) If at any time it appears to the Planning Authority that it is necessary or expedient, having regard to the Development Plan that may have been prepared or may be under preparation, or to be prepared, and also having regard to any variation made in the Development Plan and to any other material consideration, that any permission to develop land or building granted under this Act or any other law, should be revoked or modified, the Planning Authority may, after giving the person concerned an opportunity of being heard, by an order, revoke or modify the permission to such extent as appears to be necessary; Provided that where permission relates to change of use of land or any building operation or other operation, no such order shall be passed after the change has taken place.
- (2) When any permission is revoked or modified by an order made under Sub-Section (1), and any owner claims compensation from the Planning Authority, within the time and in the manner prescribed, for the expenditure incurred in carrying out any development 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 reasonable opportunity of being heard 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 compensation the Planning Authority shall refer the matter for the adjudication to the Tribunal constituted under Chapter-XII or to the Board of Revenue as prescribed in the Rules under the Act and the decision of the Tribunal or the Board of Revenue shall be final and binding on the owner and the Planning Authority.
Study data processing for this section.
PDF: pending for this language.