Section 53 in Tamil Nadu Town and Country Planning Act, 1971
53. Compensation for refusal of permission or grant of permission subject to conditions in certain cases.
(1)Where an order in appeal made under this Act refusing to grant permission, or granting permission subject to conditions, relates to any of the following developments-(a)the re-erection of a building which has been destroyed or demolished so long as the extent of the original building is not exceeded by more than one-tenth of the plinth area;(b)the enlargement, improvement or other alteration of any building which is in existence on the date of coming into operation for the first time of a development plan relating to the area so long as the extent of the original building is not exceeded by more than one-tenth of the plinth area;(c)the 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 a 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 plinth area 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 such time and in such manner as may be prescribed, claim upon the appropriate planning authority if it has not been served an acquisition notice or if the acquisition notice is not confirmed by the Government under section 52, compensation for such refusal or for grant of permission subject to conditions:Provided that no compensation shall be claimed if such refusal or grant of permission subject to conditions 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 or building, as the case may be, as if the permission had been granted and the value of the land or building in its existing state;(b)where permission is granted subject to conditions, the difference between the value of the land or building, as the case may be, as if the permission had been granted unconditionally and the value of such land or building with the permission granted subject to conditions.(c)If the owner does not accept the compensation and gives notice within such time as may be prescribed of his refusal to accept, the appropriate planning authority shall refer the matter for adjudication of the Tribunal and the decision of the Tribunal, thereon shall, subject to any appeal, revision or review as provided for in this Act, be final and binding on the owner and the appropriate planning authority.
