Special provision as to compensation under section 17.

§29

Summary

(1) No person shall be entitled to compensation in respect of any notification issued under sub-section (1) of section 17 unless within three months from the date on which such notification comes into force, or within such further time as the State Government may in special circumstances allow, he makes a claim for the purpose in such manner as may be prescribed by the State Government. (2) A person shall not be entitled to compensation by reason of the fact that any act or thing done or caused to be done by him has been rendered abortive by such notification if, or so far 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 byelaw by virtue of any other Act, then,- (a) if no compensation would have been payable by reason of the inclusion of that provision in that scheme, order, regulation or byelaw, no compensation shall be payable in respect of that provision of the 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) Any dispute as to the amount of the sum which is to be paid as compensation in respect of such a notification shall be determined in accordance with the provisions of section 28.

(1) No person shall be entitled to compensation in respect of any notification issued under sub-section (1) of section 17 unless within three months from the date on which such notification comes into force, or within such further time as the State Government may in special circumstances allow, he makes a claim for the purpose in such manner as may be prescribed by the State Government. (2) A person shall not be entitled to compensation by reason of the fact that any act or thing done or caused to be done by him has been rendered abortive by such notification if, or so far 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 byelaw by virtue of any other Act, then,- (a) if no compensation would have been payable by reason of the inclusion of that provision in that scheme, order, regulation or byelaw, no compensation shall be payable in respect of that provision of the 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) Any dispute as to the amount of the sum which is to be paid as compensation in respect of such a notification shall be determined in accordance with the provisions of section 28.

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