Amendment status not verified — confirm the current text below against the official source.
(1) Where an order in appeal under seation -30, refusing to grant permission. or gralting, 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 ofthe 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 ofbuilding used for the purpose ofmarketing ofthe produce of land; (d) where any part ofany building or other land which on the date of coming into operation for the f[st tim€ ofa developmentplan relating to the area is used for a particular purpose, the use for that purpose of any additional part of the building or land not exceeding one-tenth ofthe cubic cortent ofthe part ofthe building used for that purpose on that day, or as the case may be, one-tenth ofthe area of the land so used on that date, the owner may, witiin the time and in the mamerprescribed by rules under rhis Act claim upon the Local Plaming Compensation forrefusal of permission or grant of permission subject to conditions in certail cases. .+,+ Authority, if he has not been served an acquisition notrce. or lf the acquisition is not confirmed by the State Govemmeny State Urban and Country Planning Board under Section -30, compensation for such refusal or for grant ofpermission subject to conditions : Provided that no compensation shall be claimable ifsuch refusal or grant ofpermission subject to condition was based on any provision ofany 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 irs exrstirg state: (b) where permissior is granted subject to conditions. The difference between the value of the land as if the permission had been granted unconditionally and the value ofthe land with the permission granted subject to conditions. (3) W1ten a claim is received by the Local Planning Authority, a special oficer with suficient knowl- edge on the subject nominated for the purpose shall. after giving an opportunity ofbeing heard to the applicant, make a report to the Local Plafffng Autho ty. (4) The Local Plaming Authority shall, after consider- ation of the aforesaid report, assess the compen- sation and offer it to the owner (5) If the owner does not accept the compensation and gives notice, within such time as may be pre- scribed, of his refusal to accept, the Local Plan- ning Authority shall refer the matter for the abdi- cation ofthe Court and the decision ofthe Court shall be final aad binding on the owner and the Local Planning Authoriry