section 38
Appeal.
The Goa Town and Country Planning Act, 1974Infrastructure1974157 sections11 chapters
Chapter VI Preparation of Development Plans
Statutory text
- (1) Within one month of the coming into operation of any Development Plan, any person aggrieved by any provisions contained therein may make an application to the District Court questioning the validity of the Development Plan, or any of its provisions on the following grounds, namely:—
- (i) that it is not within the powers conferred by this Act, or
- (ii) that any requirement of this Act or of any rules made thereunder had not been complied with in relation to the making of such Development Plan.
- (2) The District Court, after giving an opportunity of being heard to the applicant, Planning and Development Authority concerned, Board and Government may—
- (i) stay, until the final determination of the proceedings, the operation of the Development Plan or the provisions contained therein, in so far as it affects any property of the applicant; and
- (ii) quash, if it is satisfied that the Development Plan or any provisions contained therein are not within the powers conferred by this Act, or the rules made thereunder, or that the interests of the applicant have been substantially prejudiced by failure to comply with any requirement of this Act or of the rules, the Development Plan or any provisions contained therein generally or in so far as they affect the property of the applicant.
- (3) Subject to the provisions of sub-sections (1) and (2), a Development Plan shall not, either before or after it has been approved, be questioned in any manner, in any legal proceedings whatsoever.
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