Section 50 in West Bengal Town and Country (Planning and Development) Act, 1979
50. Compensation for refusal of permission or grant of permission subject to conditions in certain cases.
(1)Where an order in appeal under section 47 refusing to grant permission or granting permission subject to conditions, relates to any of the following developments -(a)re-erection of a building which has been destroyed or demolished so long as the cubic content of the original building is not exceeded by more than one-tenth;(b)enlargement, improvement or other alteration of any building which was in existence on the date, the development plan relating to the area comes into operation for the first time, so long as the cubic content of the original building is not exceeded by more than one-tenth;(c)carrying out, on land used for the purposes of agriculture, of any building or other operation required for that purpose, other than operations for the erection, enlargement, improvement or alteration of a building for human habitation or of building used for the purpose of marketing of the produce of land;(d)where any part of any building or other land which on the date of coming into operation for the first time of the development plan relating to the area is used for a particular purpose, the use for that purpose of any additional part of the building or land not exceeding one-tenth of the cubic content, of the part of the building used for that purpose on that day, or, as the case may be, one-tenth of the area of the land so used on that date, the owner may, within the time and in the manner prescribed, claim upon the concerned authority, if he has not served an acquisition notice, or if the acquisition is not confirmed by the State Government under section 49 for an amount for such refusal or for grant of permission subject to conditions :Provided that no amount shall be claimable if such refusal or grant of permission subject to conditions was based on any provision of any development plan.(2)When a claim is received by such officer of the concerned authority as may be appointed in this behalf he shall, after giving an opportunity of hearing to the applicant, make a report to the concerned authority.(3)(i)On receipt of the report referred to in sub-section (2), the concerned authority shall consider it and assess the amount and offer it to the owner.(ii)The amount shall be equal to -(a)where permission is refused, the difference between what would have been the value of the land if the permission had been granted and the value of the land in its existing state:(b)where permission is granted subject to conditions, the difference between what would have been the value of the land if the permission had been granted unconditionally and what would be the value of the land with permission granted subject to conditions.(4)If the owner does not accept the amount and gives notice, within thirty days from the date of offer, of his refusal to accept, the concerned authority shall refer the matter for the adjudication of the Court am the decision of the Court shall be final and binding on the owner and the authority.Explanation. -The expression "Court" means a principal Civil Court of original jurisdiction, and includes any other Civil Court empowered by the State Government to perform the function of the Court under this Act within the pecuniary and local limits of its jurisdiction.
