Section 9 in The Himachal Pradesh Roadside Land Control Act, 1968
9. Amount of compensation how determined.
(1)When a claim is transferred for disposal under section 8 to an officer exercising the powers of a Collector under the Land Acquisition Act 1894, such officer shall make an award determining the amount of compensation, if any, payable to the claimant.(2)The amount of compensation awarded under sub-section (1) shall, in no case, exceed the difference between the market value of the land in the existing conditions having regard to the restrictions actually imposed upon its use and development by the order refusing permission to erect or re-erect a building thereon and market value immediately before the publication under sub-section (2) of section 3 of the notification in pursuance of which the area in which it is situated was declared to be a controlled area, and no compensation shall be awarded under sub-section (1 ),-(i)unless the claimant satisfies the officer making the award that proposals for the development of the land which, at the date of the application under sub-section (1) of section 6, are immediately practicable, or would hove been so, if this Act had not been passed, or prevented or injuriously affected by the restrictions imposed under this Act, or(ii)if and in so far as the land is subject to substantially similar restrictions in force under some other enactment which were so in force at the date when the restrictions were imposed under this Act, or(iii)if compensation in respect of the same restrictions in force under this Act or of substantially similar restrictions in force under some other enactment has already been paid in respect of the land to the claimant or to any predecessor in interest of the claimant.(iv)The provisions of Parts III, IV, V and VIII of the Land Acquisition Act 1894 (I of 1894) shall, so far as may be, apply to an award made under sub-section (1) as though it were an award made under that Act.
