Section 8 in The Himachal Pradesh Roadside Land Control Act, 1968
8. Compensation.
(1)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 by an order,-(a)refusing permission to make or extend an excavation, or granting such permission but imposing conditions on the grant, or(b)refusing permission to lay out a means of access to a road or granting such permission but imposing conditions on the grant, or(c)granting permission to erect or re-erect a building but imposing conditions on the grant, or(d)granting any other permission for the controlled area but imposing conditions on the grant.(2)When an order has been made refusing permission to erect or re-erect building, any person, who has exercised the right of appeal given by sub-section (1) of section 7, may, within three months of the date of the order of Financial Commissioner, make to the Financial Commissioner a claim for compensation on the ground that his interest in the land concerned is injuriously affected by the said order.(3)On receipt of a claim under sub-section (2), the Financial Commissioner shall either proceed to acquire the land concerned under the Land Acquisition Act, 1894, (1 of 1894) or transfer the claim for disposal to an officer exercising the powers of Collector under the said Act:Provided that in case the Financial Commissioner decides to acquire the land,-(i)it shall not be necessary for land occupied by a place of worship, 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 expenses which he may have properly incurred in connection with the preparation and submission of his claim for compensation under this section, and in default of agreement, such an amount shall be determined by the authority deciding the value of land in the proceedings under the Land Acquisition Act, 1894. (1 of 1894).(4)Nothing in this section shall be deemed to preclude the settlement of a claim by mutual agreement.
