Power of revocation or modification of permission to develop

The Sikkim Town and Country Planning Act, 2024

Infrastructure2024124 sections8 chapters

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Chapter III REGIONAL DEVELOPMENT PLANS

Statutory text

(1) If it appears to the Authority that it is expedient, having regard to development plan prepared or under preparation and to any other material consideration that any permission to develop land granted under this Act or any other law should be revoked or modified, the Authority after giving the person concerned an opportunity of being heard against such extent as appears to it to be necessary: Provided that:-
- (a) where the permission relates to the carrying out of building or other operations, no such order:-
  - (i) shall affect such of the operations as have been previously carried out;
  - (ii) shall be passed after these operations have substantially progresses or have been completed;
- (b) where permission relates to a use of land, no such order shall be passed at any time after the change has taken place.
(2) When a permission is revoked or modified by an order made under sub-section (1), if the owner claims from the Authority within the time and in the manner prescribed, compensation for 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 Authority shall, after giving the owner reasonable opportunity of being heard by an officer appointed by it in this behalf, and after considering the officer's report assess and offer such compensation to the owner as it thinks fit.
(3) If the owner does not accept compensation, and gives notice, within such time as may be prescribed, of his refusal to accept, the authority shall refer the matter for the adjudication of the Court and the decision of the Court shall be final and binding on the owner and Authority.

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