section 48
Compensation for refusal of permission or grant of permission subject to conditions in certain cases.
The Goa Town and Country Planning Act, 1974Infrastructure1974157 sections11 chapters
Chapter VII Control of Development and Use of Land
Statutory text
- (1) Where an order in appeal under section 45 refusing to grant permission to develop the land or granting of such permission subject to conditions, relates to,—
- (a) the re-erection of a building which has been destroyed or demolished and such re-erection does not exceed the cubic content of the original building by more than one-tenth; or
- (b) the enlargement, improvement or other alteration of any building which was in existence on the date of coming into operation of the Development Plan for the first time, and such enlargement or improvement or alteration does not exceed the cubic content of that building by more than one tenth; or
- (c) the carrying out, on any land used for the purposes of agriculture, of any building or other operation required for that purpose, other than operations for the erection, enlargement, improvement or alteration of a building for human habitation or of a building used for the purpose of marketing the produce of land; or
- (d) where any part of any building or other land which on the date of coming into operation of the Development Plan for the first time is used for a particular purpose, the use for that purpose of any additional part of the building or land not exceeding one-tenth of the cubic content of the part of the building used for that purpose on that date, or as the case may be, one-tenth of the area of the land so used on that date, the owner may, if he had not served an acquisition notice under section 47 or if he had served such notice, the same had not been confirmed under that section, within such time and in such manner as may be prescribed, claim upon the Planning and Development Authority compensation for the refusal of such permission or for the grant thereof subject to conditions: Provided that no compensation shall be claimed if such refusal or grant of permission subject to conditions was by reason of any provision in the Development Plan.
- (2) The compensation, if any, payable under sub-section (1) shall be equal to—
- (a) where permission is refused, the difference between the value of the land if the permission had been granted and the value of the land in its existing state; or
- (b) where permission is granted subject to conditions, the difference between the value of the land if the permission had been granted unconditionally and the value of the land when permission is granted subject to conditions.
- (3) When a claim under sub-section (1) is received by the Planning and Development Authority, it shall, after giving an opportunity of being heard to the claimant, assess the amount of compensation payable and offer it to the claimant.
- (4) If the claimant does not accept the compensation offered under sub-section (3) and gives notice, within such time as may be prescribed, of such refusal, the Planning and Development Authority shall refer the matter for the adjudication of the District Court and the decision of that court shall be final and binding on the owner and the Planning and Development Authority.
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