(1) Where property is alleged to be injuriously affected by reason of any provisions contained in a town-planning scheme, no compensation shall be paid in respect thereof, if or in so far as the provisions are such as would have been enforceable without compensation under any law, rule or bye-law at the time in force.
(2) Property shall not be deemed to be injuriously affected by reason of any provisions inserted in a scheme, which impose any conditions or restrictions in regard to any of the matters specified in section 4, clause (m) or clause
(n).
(3) Where a person is entitled to compensation under this Act in respect of any matter or thing, and he would be entitled to compensation in respect of the same matter or thing under any other Act, he shall not be entitled to compensation in respect of that matter or thing under both the Acts, nor shall he be entitled to any larger compensation under this Act than he would be entitled to under the other Act.
48[22-A. (1) The municipal council may, within three months from the date of an award of compensation in respect of property injuriously affected, make an application to the *[State Government] to sanction the withdrawal or modification of all or any of the provisions of the scheme
47. “Sub-section (1)” omitted by Madras Act II of 1930.
48. Section 22-A inserted by Madras Act II of 1930.
Exclusion or limitation of compensation in certain cases.
Application for sanction for withdrawal or modification of the scheme.
18 [Act No.VII of 1920] which gave rise to the claim for compensation and give notice of such application to the owner of such property.
(2) If the *[State Government] accord such sanction, the award of compensation shall stand cancelled, and the municipal council shall pay the costs if any, awarded by the arbitrator in connexion with the claim for compensation.
(3) Nothing contained in this section shall affect the right of the owner to make a fresh claim for compensation in respect of the modified scheme sanctioned by the *[Stale Government] under sub-section (2).
(4) No award of compensation in respect of property injuriously affected shall be enforceable within three months from the date thereof, or, if notice has been given under sub-section (1), pending the orders of the *[State Government] on the application made under the same subsection.]
23. Where by the making of any town-planning scheme 49[the value of any property has increased or is likely to increase], the municipal council, if it makes a claim for the purpose within the time (if any) limited by the scheme 50[not being less than three months] after the date of publication of a notification of the *[State Government] sanctioning a scheme under section 14, shall be entitled to recover from the owner of such property an annual betterment contribution for such term of years and at such uniform percentage of the increase in value not exceeding ten per centum as may be fixed in the scheme:
49. Substituted for “any property is increased in value” by Madras Act II of 1930.
50. Substituted for “not being later than six months” by Madras Act II of
1930.
Power to levy betterment contribution.
[Act No.VII of 1920] 19
Provided that the aggregate amount of the contributions so recovered shall not exceed one-half of the maximum increase in value during the aforesaid term of years as ascertained under the next following section.
24. The betterment contribution shall be levied according to the following principles:-
(a) In respect of each property on which the contribution may be levied under section 23, its market value at the date of the publication of the notification under section 10, 51[XXX] or section 12, shall be estimated without reference to the improvements contemplated in the scheme.
(b) In each of the financial years following that in which the scheme takes effect under section 14, 52[sub-section
(6)], the market value of each such property on the first day of April of that year shall be estimated by the chairman.
(c) If in any financial year, the market value estimated under clause (b) does not exceed that estimated under clause (a), no betterment contribution shall be levied for that year.
(d) If in any financial year, the estimated market value under clause (b) exceeds that under clause (a), the municipal council shall levy on the difference a betterment contribution according to the percentage fixed in the scheme:
Provided that in estimating the market value of land under clause (a) or clause (b), the value of buildings or other works erected or in the course of erection on such land shall not be taken into consideration.
51. “Sub-section (1)” omitted by Madras Act II of 1930.
52. Substituted for “sub-section (5)” by Madras Act II of 1930.
Betterment contribution how calculated.
20 [Act No.VII of 1920]