(1) When a claim is transferred for disposal under section 8 or
section 9 to an officer exercising the powers of a Collector under the
Land Acquisition act, 1894, such officer shall make an award
determining the amount of compensation, if any, payable to the
claimant.
(2) The amount of compensation awarded under sub-section (1) shall in no case exceed -
(a) the amount that would have been payable if the land had been acquired under section 9, or
(b) the difference between the market value of the land in the existing condition having regard to the restrictions actually imposed upon its use and development by the order refusing permission to [lay out any means of access to a road in respect of the land, or the restriction imposed under clause (a) of section 5]1 and its market value immediately before the publication under sub-section (2) of section 3 of the notification in pursuance of which the area [concerned]2 was declared to be a controlled area, and no compensation shall be awarded under sub-section (1) -
(i) unless the claimant satisfied the officer making the award that [his interest in the land concerned is]3 injuriously affected by the restriction imposed under this Act, or
(ii) if and insofar as the land is subject to substantially similar restrictions in force under some other enactment which were so in force at the date when the restrictions were imposed under this Act, or
(iii) if compensation in respect of the same restrictions in force under this Act or of substantially similar restrictions in force under some other enactment has already been paid in respect of the land to the claimant or to any predecessor in interest of the claimant.
(3) The provisions of Part III, as modified by section 9, clause (iii) and the schedule annexed to this Act, and Parts IV, V and VIII of the Land Acquisition Act, 1894, shall so far as may be apply to an award made under sub-section (1) as though it were an award made under that Act.
(2) The amount of compensation awarded under sub-section (1) shall in no case exceed -
(a) the amount that would have been payable if the land had been acquired under section 9, or
(b) the difference between the market value of the land in the existing condition having regard to the restrictions actually imposed upon its use and development by the order refusing permission to [lay out any means of access to a road in respect of the land, or the restriction imposed under clause (a) of section 5]1 and its market value immediately before the publication under sub-section (2) of section 3 of the notification in pursuance of which the area [concerned]2 was declared to be a controlled area, and no compensation shall be awarded under sub-section (1) -
(i) unless the claimant satisfied the officer making the award that [his interest in the land concerned is]3 injuriously affected by the restriction imposed under this Act, or
(ii) if and insofar as the land is subject to substantially similar restrictions in force under some other enactment which were so in force at the date when the restrictions were imposed under this Act, or
(iii) if compensation in respect of the same restrictions in force under this Act or of substantially similar restrictions in force under some other enactment has already been paid in respect of the land to the claimant or to any predecessor in interest of the claimant.
(3) The provisions of Part III, as modified by section 9, clause (iii) and the schedule annexed to this Act, and Parts IV, V and VIII of the Land Acquisition Act, 1894, shall so far as may be apply to an award made under sub-section (1) as though it were an award made under that Act.
1. Substituted by s. 5 of U.P.Act No. 15 of 2000. 2 Substituted by s. 5 of U.P.Act No. 15 of 2000. 3 Substituted by s. 5 of U.P.Act No. 15 of 2000.