(1) Any person whose property is injuriously affected by virtue of any provisions contained in a Regional Plan, Master Plan, New Town Development Plan or Detailed Development Plan prepared and approved under the Act shall prefer a claim to the Tribunal for compensation under sub-section (1) of section 39 of the Act, within three months from the date of publication of notification under section 30 or section 31 of the Act, as the case may be.
(2) Such application shall be submitted in triplicate copies in Form No. 11, affixed with Court - fee stamp to the value of Rs.2 and shall be accompanied by the following:-
(a) A site plan of the lands comprised in the Development Plan indicating there in their boundaries, measurements and survey numbers, the topo details in respect of the lands immediately adjoining the lands under reference, extent of the lands comprised in the property claimed to be injuriously affected by the provisions of the Development Plan bringing out the manner in which the property is claimed to be injuriously affected;
(b) A plan of the building or buildings affected, if any, along with the estimated cost;
(c) A short note explaining the basis for the claim for compensation; and
(d) A certificate from the Registration Department regarding the market value of the land on the date of publication of the notice under section 26 or section 27 in Tamil Nadu Government Gazette, as the case may be.
(3) Any person who has incurred any expenditure for the purpose of complying with any Regional Plan, Master Plan, Detailed Development Plan or a New Town Development Plan shall, when such expenditure has ceased to be in any way beneficial to him by a variation or revocation of the said Development Plan under section 32 or 33 prefer a claim under sub - section (2) of section 39 of the Act within ninety days from the date of publication under section 32, or 33 of the Act, as the case may be.
(4) A site plan if the lands comprised in the Development Plan indicating there in the boundaries, measurements, survey numbers, the topo details in respect of the lands immediately adjoining the lands under reference and extent of the lands comprised in the property in respect of which the expenditure claimed to have been incurred for the purpose of the Development Plan;
(b) A plan of the building or buildings affected, if any, along with the estimated cost;
(c) A short explanatory note on the details of expenditure incurred for the purpose of the Development Plan and how the same ceased to be beneficial only by reason of the variation or revocation; and
(d) A certificate from the Registration Department regarding the market value of the lands o the date of publication of the notice under section 26 or section 27 in Tamil Nadu Government Gazette.
(5) Where an owner of a land or building comprised in any Development Plan prepared and approved under the Act, refuses to accept the compensation offered by a Planning Authority either under sub-section (2) of section 53 of the Act for refusal of planning permission or grant of such permission subject to condition, or under sub-section (2) of section 54 for the expenditure incurred in carrying out the development after the grant of the permission and in accordance with such permission which has been rendered abortive by the revocation or variation, he shall notify such refusal to the Planning Authority in Form No.13 within sixty days of receipt of the offer of compensation by the Planning Authority.
(6) Such notice of refusal shall be submitted by the owner in Form No. 13 duly affixed with Court - fee stamp to the value of Rs.2 (rupees two only). As soon as may be after the receipt of such notice from the owner, the Planning Authority shall refer the matter for adjudication of the Tribunal under sub-section (3) of section 53 or sub -section (3) of section 54 of the Act, as the case may be, along with the relevant records ad details and details of compensation offered;
(7) The reference for adjudication made by a Planning Authority as above shall be accompanied by the following:-
(a) An authenticated copy of the order of the Planning Authority - i. refusing permission or granting permission subject to conditions; and ii. offering compensation
(b) A site plan of the lands of the claimant indicating there in the boundaries, measurement, survey numbers, topo details in respect of the lands immediately adjoining the lands under reference and extent of the lands for which planning permission was sought;
(c) A plan of the building or buildings, if any, along with estimated costs;
(d) A certificate from the Registration Department regarding the market value of the land on the date of publication of the notice under section 26 or 27, as the case may be, in Tamil Nadu Government Gazette or in the District Gazette; and
(e) The notice received from the party on which the matter has been referred for adjudication.
(8) All claims for compensation under section 39 shall be made to the Tribunal within the time specified in sub -rules (1) and (3) of this rule.
(9) In any planning area where a Tribunal has not started functioning at the time prescribed for filing of claims under section 39, the claims in Form No.11 shall be presented the Planning Authority, within the time prescribed in section 39 of the Act. As soon as a claim has been received by the Planning authority, it shall arrangei. to acknowledge its receipt indicting the date of receipt in the office; and ii. to transfer it to the Tribunal for disposal immediately after its constitution.
(10) Claims shall either be pr3esented in person or by an agent authorised by the claimant or sent by Registered Post. Very claim shall state clearly the facts on which it is based as required under these rules and shall be verified in the manner prescribed for verification of pleadings in the Code of Civil Procedure, 1908 (Central Act V of 1908).