Vidhi Codex

section 51

Power of revocation and modification of permission to development.

The Maharashtra Regional and Town Planning Act, 1966
Infrastructure1966196 sections11 chapters
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CONTROL OF DEVELOPMENT AND USE OF LAND INCLUDED IN DEVELOPMENT PLANS

Statutory text
  1. (1) If it appears to a Planning Authority that it is expedient, having regard to the Development plan prepared or under preparation that any permission to develop land granted 1[or deemed to be 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 against such revocation or modification, by order, revoke or modify the permission to such extent as appears to it to be necessary : Provided that-
    • (a) where the development relates to the carrying out of any building or other operation, no such order shall affect such of the operations as have been previously carried out;or shall be passed after these operations have substantially progressed or have been completed ;
    • (b) where the development relates to a change of use of land, no such order shall be passed at any time after the change has taken place.
  2. (2) Where permission is revoked or modified by an order made under sub-section (1) and any owner claims within the time and in the manner prescribed, compensation for the expenditure incurred in carrying out the development 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 by the Town Planning Officer, and after considering his report, assess and offer, subject to the provisions of section 19, such compensation to the owner as it thinks fit.
  3. (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 Planning Authority.

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