[(1) Except as provided in sub-section (2), no person shall be
entitled to claim compensation under this or any other Act, for any
injury, damage or loss caused or alleged to have been caused,-
(a) as a result of the restriction imposed by clause (a) of section 5,or
(b) by an order refusing permission to lay out a mean access to a road or granting such permission but imposing conditions on the grant.
(2) Any person may make to the State Government a claim for compensation on the ground that his interest in any land is injuriously affected,-
(a) in a case referred to in clause (a) of sub-section (1), within one year from the date of declaration of the controlled area;
(b) in a case referred to in clause (b) of sub-section (1) within three months from the date of the order of the State Government under section 7 where an order refusing permission to lay out any means of aceess to a road has been made and the right appeal under section 7 has been exercised.]1
(3) On receipt of a claim under sub-section (2) the Provincial Government shall either proceed to acquire the land concerned under the Land Acquisition Act, 1894, or transfer the claim for disposal to an officer exercising the powers of a Collector under the said Act :
Provided that in case the Provincial Government decide to acquire the land, (i) it shall not be necessary for land occupied by a place of workship, tomb, cenotaph, graveyard, grave or marghat to be included, and (ii) the claimant shall be entitled to be repaid by the acquiring authority the amount of expense which he may have properly incurred in connexion with the preparation and submission of his claim for compensation under this section, and in default of agreement such a amount shall be determined by the authority deciding the value of the land in the proceedings under the Land Acquisition Act, 1894.
(4) Nothing in this section shall be deemed to preclude the settlement of a claim by mutual agreement.
(a) as a result of the restriction imposed by clause (a) of section 5,or
(b) by an order refusing permission to lay out a mean access to a road or granting such permission but imposing conditions on the grant.
(2) Any person may make to the State Government a claim for compensation on the ground that his interest in any land is injuriously affected,-
(a) in a case referred to in clause (a) of sub-section (1), within one year from the date of declaration of the controlled area;
(b) in a case referred to in clause (b) of sub-section (1) within three months from the date of the order of the State Government under section 7 where an order refusing permission to lay out any means of aceess to a road has been made and the right appeal under section 7 has been exercised.]1
(3) On receipt of a claim under sub-section (2) the Provincial Government shall either proceed to acquire the land concerned under the Land Acquisition Act, 1894, or transfer the claim for disposal to an officer exercising the powers of a Collector under the said Act :
Provided that in case the Provincial Government decide to acquire the land, (i) it shall not be necessary for land occupied by a place of workship, tomb, cenotaph, graveyard, grave or marghat to be included, and (ii) the claimant shall be entitled to be repaid by the acquiring authority the amount of expense which he may have properly incurred in connexion with the preparation and submission of his claim for compensation under this section, and in default of agreement such a amount shall be determined by the authority deciding the value of the land in the proceedings under the Land Acquisition Act, 1894.
(4) Nothing in this section shall be deemed to preclude the settlement of a claim by mutual agreement.
1. Substituted by s. 4 of U.P.Act No. 15 of 2000