Section 34 in The Bihar (Coal Mining) Area Development Authority Act, 1986
34. Compensation for refusal of permission or grant of permission subject to conditions in certain cases.
(1)Where an order in appeal under section 31 refusing to grant permission or granting permission subject to conditions, relates to any of the following development:-(a)the re-erection of a building which has been destroyed or demolished as long as the cubic content of the original building is not exceeded by more than one-tenth;(b)the 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)the carrying out on land used for the purpose of agriculture of any building or other operation required for that purpose, other than operation 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, on the area of the land so used on that date, the owner may, within the time and in the manner prescribed by rules under this Act, claim upon the Authority, if he has not been served an acquisition notice, or if the acquisition is not confirmed by the Government under section 33, compensation for such refusal or for grant of permission subject to conditions:Provided that no compensation shall be claimable if such refusal or grant of permission subject to condition was based on any provision of any Development Plan.(2)The compensation shall be equal to-(a)where permission is refused, the"difference between the value of the land as 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 the value of the land as if the permission had been granted unconditionally and the value of the land with the permission granted subject to conditions.(3)When a claim is received by the Authority the Technical Member shall, after giving an opportunity of being heard the applicant, made report to the Authority.(4)The Authority shall, after consideration of the aforesaid report, assess the compensation and offer to the owner.(5)If the owner does not accept the compensation and give notice, within such time as may be prescribed of his refusal to accept, the Authority shall refer the matter for the adjudication of the Court and the decision of the Court shall be final and be binding on the owner and the Authority.
