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State of Assam - Section

Section 17 in The Assam Highway Act, 1989

17. Compensation.

(1)Notwithstanding anything contained in any other law for the time being in force, no person shall be entitled to claim any compensation for any injury, damage or loss or alleged to have been caused as a result of:
(a)the restriction imposed against the erection or re-erection of a building or the making or-extending of any excavation of the laying out of any means of access on or across land laying in between the control line and the middle of a highway under sub-section (1) of Section 13 or sub-section (1) of Section 14.
(b)the regulation or diversion under Section 16 of the existing rights of access across lands lying within the control line and the highway boundary;and
(c)the refusal of permission to the laying out of new means of access to a limited access highway under sub-section (3) of Section 15 :
Provided that compensation shall be payable by the highway authority :
(i)where in compliance with the notice served by the highway authority under sub-section (2) of Section 13 a building or part thereof has been set back to the building line of any highway; and
(ii)where permission to erect or re-erect a building in the area laying in between the control line and building line of a highway has been finally refused under Section 14 ;
(2)Where compensation is payable under the proviso to sub-section (1), the claimant, may, within three months of the date of notice issued by the highway authority under sub-section (2) of Section 13 or within three months of the date of final refusal of permission under Section 14 as the case may be, prefers his claims for compensation direct to the office to the officer exercising the power of the Collector under the Land Acquisition Act, 1894 as amended from time to time.
(3)Nothing in this section shall be deemed to preclude the settlement of a claim by mutual agreement.