(1) No person shall be entitled to compensation under sub-section (6) of section 17 unless within three months from the date on which the notification issued under subsection (1) of that section 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 the notification referred to in sub-section (1) 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 on account 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 enactment no compensation shall be payable by reason of any property being injuriously affected by that provision if compensation therefor has been paid or could have been claimed, or was not payable, under the provision before its inclusion in the notification.
(4) Where any provision of such notification could, immediately before it came into force, have been validly included in a scheme, order, regulation or by-law by virtue of any other enactment, then—
(a) if no compensation would have been payable by reason of the inclusion of that provision in that scheme, order, regulation or by-law, 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.
Compensation for loss or damage.
Assessment of market value or compensation.
I of 1894.
I of 1894.
Special provision as to compensation under section 17.
Gujarat Ancient Monument and Archaeological Sites and Remains Act, 1965.
[1965: Guj. 25
(5) Any dispute as to the amount of the sum which is to be paid as compensation under sub-section (6) of section 17 shall be determined in accordance with the provisions of section 26.
CHAPTER VI MISCELLANEOUS