Compensation in respect of property or right injuriously affected by the Town Planning Scheme or the Local Area Plan

Compensation in respect of property or right injuriously affected by the Town Planning Scheme or the Local Area Plan.-

1. (1) The owner of any property or right which is injuriously affected by the making of a Town Planning Scheme or as the case may be the Local Area Plan shall, if such owner makes a claim before the Town Planning Scheme Officer within the prescribed time, be entitled to be compensated in respect thereof by the appropriate authority or by any person benefited or partly by the appropriate authority and partly by such a person as the Town Planning Scheme Officer may in each case determine: Provided that the value of such property or right shall be deemed to be its market value at the date of the declaration of intention to make a scheme or the Local Area Plan or the date of the notification issued by the State Government under sub-section
2. (1) of section 31 in case of Town Planning Scheme or sub-section
3. (1) of section 45 in case of Local Area Plan, as the case may be and without reference to improvements contemplated in the scheme or the Local Area Plan.
4. (2) If at any time after the date on which the Local Area Plan has come into force, and such a Local Area Plan is varied, any person who has incurred any expenditure for the purpose of complying with such a scheme or as the case may be the Local Area Plan shall be entitled to be compensated by the appropriate authority for the expenditure, if such an expenditure is rendered abortive by the reason of modification in the Local Area Plan.