Provided further that such lapse shall not bar any subsequent application for fresh permission under this Act.

Power of revocation and modification of permission to develop

1. (1) If it appears to a planning authority that it is expedient, having regard to the development plan, prepared, under preparation or to be prepared and to any other material considerations, that any permission to develop land granted under this Act or any other law should be revoked or modified the planning authority may, by an order, revoke or modify the permission to 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 been completed ;
   • (b) where permission 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) When permission is revoked or modified by an order made under the last foregoing sub-section, if the owner claims from the planning 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 had 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 the Town planning Officer's report, assess and offer 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 binding on the owner and the planning authority.