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Section 38: No right to com pensation

The Assam Town and Country Planning Act, 1959State Act of Assam · Act 2 of 1960

A person shall not be entitled to Sain compensation under the foregoing section on account of any building tected on or contract made or other thing done with respect to any land ffliin the area included in a scheme after the date of the notification of the theme under section IS:

Provided that this provision shall not apply to any building erected, fitract made or other thing done in accordance with the permission Ibted unde, sections 13 and 1< of this Act.

|g3v Pow er o f Government to exclude com pensation in certain Jies.—(1) No compensation shall be payable in respect of any property (Sirh may be injur ously affected by putting into operation of any provision f. the scheme which :— (a ) prescribes the space about buildings : or K (i) limits the number of buildings; or

(c) regulates the size, height, design or external appearance of buildings ; or f e W prohibits or restricts building operations permanently or temporarily on the ground that erection of buildings thereon will be likely to be injurious to the health of the occupants or the neighbours or likely to cause excessive expenditure of public money in making provision for roads, sewers, water supply or other public services ; or Sh («) prohibits or restricts the use of land or a building for a purpose which may invoh e danger or injuty to public hygiene or the health of the occupants or the:r neighbours or for a purpose which is against the public policy or public morals ; or fife(f ) in the interests of safety, regulates the height and position of pro­ posed walls, and building fences or hedges near the corners or bends of roads : or 20

(g) in the case of the erection of any building intended to be used for purposes of business or industry, requires the provision of parking the vehicles.

(2) No compensation shall be payable for refusal of permission to make any alteration in any building which is not in conformity with the use speci­ fied in the Plan or in the scheme.

Where this provision sits

ActThe Assam Town and Country Planning Act, 1959
Section38
Marginal noteNo right to com pensation
JurisdictionState of Assam
StatusIn force as published by the source

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