Town and Regional Planning (Amendment) Act, 1939
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Annulment of resolution deciding to make planning scheme. |
5.—(1) Whenever a planning authority, by resolution under section 26 of the Principal Act, resolves to make a planning scheme for any area, the following provisions shall have effect, that is to say:— | |
(a) such planning authority shall, as soon as conveniently may be after the passing of such resolution, publish a notice of the passing of such resolution at least once in each of two successive weeks in three newspapers (of which at least one is a daily newspaper) circulating in such area; | ||
(b) such notice shall be in the prescribed form, and shall contain, in addition to any other matter that may be prescribed, a statement that any owner of property in such area may apply within two months after the completion of the second publication of such notice to the High Court for the annulment of such resolution; | ||
(c) any owner of property in such area may, before (but not after) the expiration of two months from the completion of the second publication of such notice, apply to the High Court for the annulment of such resolution and, on such application, if the High Court is of opinion that such resolution is for any reason invalid, the High Court may annul such resolution; | ||
(d) if no application is made under the immediately preceding paragraph of this sub-section within the time limited in that behalf by that paragraph, such resolution shall be deemed always to have been valid for all purposes; | ||
(e) if one or more applications are made to the High Court under and in accordance with the foregoing provisions of this sub-section and on the final determination of such application or applications such resolution is not annulled, such resolution shall be and be deemed always to have been valid for all purposes. | ||
(2) This section shall apply in respect of every resolution under section 26 of the Principal Act whether passed before or after the passing of this Act and, for the purposes of such application to resolutions under the said section 26 passed before the passing of this Act, every resolution so passed shall be deemed to have been passed one month after the date of the passing of this Act. |