Power of re-vocation and modification or permission to development

Power of 33.

1. (1) If appears to the Department that it is expedient, having regard to the re-vocation and Development Plan prepared or under preparation and to any other modification material considerations, that any permission to develop land granted or permission under this Act or any other law, should be revoked or modified, the to development. Department may, by an order, revoke or modify the permission to such extend as appear to be necessary :
   • (a) Where the permission related to the carrying out other operations, to such order –
     • (i) shall affect such of the operations as have been previously carried out ;
     • (ii) shall be passed after those operations have been completed;
   • (b) Where permission related 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 under the last foregoing section, and the owner claims from the Department within the time and in 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 Department shall after giving the owners reasonable opportunity of being heard by the officer of the Department and after consideration of his report assess and offer subject to provisions of section II such amount to the owner as he thinks fit.
3. (3) If the owner does not accept the amount and gives notice within such time as may be prescribed, of his refusal to accept, the Department 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 Department.