Tamil Nadu Town and Country Planning Act, 1971
Tamil Nadu Town and Country Planning Act, 1971
CHAPTER IX — TRIBUNAL AND ITS STAFF AND FUNCTIONS · Section 75

Limitation of compensation in certain cases

Text as per India Code

(1) 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.

(2) The planning authority concerned who has been ordered to pay any compensation to any person under section 74, may, within three months from the date of communication of any order of payment of the compensation in respect of property injuriously affected, make an application to the Government to sanction the withdrawal or modification of all or any of the provisions of any development plan or the cancellation or the variation or revocation of the development plan which gave rise to the claims for compensation and give notice of such application to the owner of such property.

(3) If the Government accord such sanction, the order of compensation shall stand cancelled, and the planning authority concerned shall pay the costs, if any, ordered by the Tribunal in connection with the claim for compensation.

(4) Nothing contained in this section shall affect the right of the owner of the property to make a fresh claim for compensation in respect of any modified development plan sanctioned by the Government under sub-section (3), provided that if his property is proved to be injuriously affected by such modified development plan.

(5) No order 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 (2), pending the orders of the Government on the application made under the said sub-section.

Judgments on Section 75