Section 8:
Compensation.
(1) No person shall be entitled to claim compensation under this or
any other act for any injury, damage or loss caused or alleged to have been caused by an
order--
(a) refusing permission to make or extend an excavation, or granting such permission
but imposing conditions on the grant, or
(b) refusing permission to lay out a means of access to a road, or granting such
permission but imposing conditions on the grant, or
(c) granting permission to erect or re-erect a building but imposing conditions on the
grant.
(2) When an order has been made refusing permission to erect or re-erect a building any
person who has exercised the right of appeal given by sub-section (1) of section 7 may,
within three months of the date of the order of the Chief Commissioner, make to the
Chief Commissioner a claim for compensation on the ground that his interest in the land
concerned is injuriously affected by the said order:
Provided that no claim for compensation may be made under this sub-section in respect of
any land situated in a controlled area adjoining a road which has been constructed after the
commencement of this Act or which was not at the commencement of this Act or a road
within the meaning of clause 1[(7)] of section 2.
(3) On receipt of a claim under sub-section (2) the Chief Commissioner shall either
proceed to acquire the land concerned under the Land Acquisition Act, 1894 (1 of 1894), or
transfer the claim for disposal to an officer exercising the powers of a Collector under the
said Act:
Provided that in case the Chief Commissioner decides to acquire the land, the claimant
shall be entitled to be repaid by the acquiring authority the amount of expense which he may
have properly incurred in connection with the preparation and submission of his claim for
compensation under this section, and in default of agreement such amount shall be
determined by the authority deciding the value of the land in the proceedings under Land
Acquisition Act, 1894.
(4) Nothing in this section shall be deemed to preclude the settlement of a claim by
mutual agreement.
Notes:
1. Subs. by Act of 25 of 1942, s. 3 and the Second Schedule.