Compensation for refusal of permission or grant of permission subject to conditions in certain cases

(1) Where an order in appeal under section 38 refusing to grant permission, or granting permission subject to conditions, relates to any of the following developments --- (a) the re-erection of a building which has been destroyed or demolished so long as the cubic content of the original building is not exceeded by more than one-tenth; (b) the enlargement, improvement or other alteration of any building which was in existence on the date a Development Plan relating to the area comes into operation for the first time, so long as the cubic content of the original building is not exceeded by more than one-tenth: (c) the carrying out, on 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 building used for the purpose of marketing of the produce of land; (d) Where any part of any building or other land which on the date of coming into operation for the first time of a Development Plan relating to the area, is used for a particular purpose, the use of 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 or land used for that purpose on that day, or as the case may be, one-tenth of the area of the land so used on that date, the owner may, within the time and in the manner prescribed by the rules made under this Act, claim upon the Planning Authority, if he has not served an acquisition notice or if the acquisition is not confirmed by the Government under section 40, compensation for such refusal or for grant of permission subject to conditions: Provided that no compensation shall be claimable if such refusal or grant of permission subject to conditions was based on any provision of any Development Plan. (2) The compensation shall be equal to (a) where permission is refused, the difference between the value of the land as if the permission had been granted and the value of the land in its existing state; (b) where permission is granted subject to conditions, the difference between the value of the land as if the permission had been granted unconditionally and the value of the land with the permission granted subject to conditions. (3) When a claim is received by the Planning Authority, the Senior Town Planner shall, after giving an opportunity of being heard to the applicant, make a report to the Planning Authority. (4) The Planning Authority shall, after considering the aforesaid report, assess the compensation and offer it to the owner. (5) If the owner does not accept the compensation and gives notice, within such time as may be prescribed, of his refusal to accept, the Planning Authority shall refer the matter for the adjudication of the Court and the decision of the Court shall be final and be binding on the owner and Planning Authority.