PRTPD Act 85Chapter XI · Control of Development and Use of Land in Area where Master Plain is in Operation

Section 85 · Power to revoke or modify permission to develop

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(1)

If it appears to the Competent Authority that it is necessary or expedient having regard to the Master Plan prepared or [under preparation or revision] [Substituted for the words 'under preparation' by Punjab Act No. 13 of 2003.] and to any other material considerations, that any permission to develop land granted under this Act or any other law for the time being in force should be revoked or modified, it may, after giving a reasonable opportunity of being heard to the person in whose favour the permission has been granted, 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 operation, no such order -
(i)shall affect such of the operations as have been previously carried out;
(ii)shall be passed after there 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)

When permission is revoked or modified by an order made under sub-section (1), the owner may, within such time and in such manner, as may be prescribed, claim compensation for the expenditure incurred in carrying out any work in accordance with such permission and which has been rendered abortive by the revocation or modification of permission.

(3)

Where a claim under sub-section (2) is received by the Competent Authority concerned, it shall, after giving the owner reasonable opportunity of being heard, assess the amount of compensation and offer it to the owner.

(4)

If the owner does not accept the compensation offered under sub-section (3), and gives notice, within such time as may be prescribed, of such refusal, the Competent Authority shall refer the matter for the adjudication of the prescribed authority and the decision of the prescribed authority shall be final and binding on the owner and the Competent Authority.

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