Special provision as to compensation under Section 18.

The Delhi Ancient and Historical Monuments and Archaeological Sites and Remains Act, 2004

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Statutory text

(1) No person shall be entitled to compensation in respect of any order issued under sub-section (1) of Section 18 unless, within three months from the date on which such notification comes into force, or within such further time as the Government may in special circumstances allow, he makes a claim in the prescribed manner. (2) A person shall not be entitled to compensation by reason of the fact that any act or thing done or causes to be done by him has been rendered abortive by such notification if, or so fur as, the act or thing was done after the date on which the notification was issued, or by reason of the fact that the performance of any contract made by him after that date is prohibited as a result of the notification. (3) Where any provision of such notification was, immediately before the notification came into force, already in force by virtue of any other Act, no compensation shall be payable by reason of any property being injuriously affected by that provision of the notification if compensation has been paid or could have been claimed, or was not payable, by reason of that property having been injuriously affected by the provision already in force. (4) Where any provision of such notification could, immediately before it came into force have been validly included in a scheme, order, regulation or bye-law, by virtue of any other Act- (a) if no compensation would have been payable by reason of the inclusion of that provision in that scheme, order, regulation or bye-law, no compensation shall be payable in respect of that notification: and (b) if compensation would have been so payable, the compensation payable in respect of that provision of the notification shall not be greater than the compensation which would have been so payable. (5) The amount of the sum which is to be paid as compensation in respect of such a notification, in case of any dispute, shall be determined in accordance with the provisions of Section 31.

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