Section 39 in Assam Town and Country Planning Act, 1959
39. Power of Government to exclude compensation in certain cases.
(1)No compensation shall be payable in respect of any property which may be injuriously affected by putting into operation of any provision of the scheme which : -(a)prescribes the space about buildings; or(b)limits the number of buildings; or(c)regulates the size, height, design or external appearance of buildings; or(d)prohibits or restricts buildings operations permanently or temporarily on the ground that erection of buildings thereon will be likely to be injurious to the health of the occupants or the neighbours or likely to cause excessive expenditure of public money in making provisions for roads, sewers, water supply or other public services; or(e)prohibits or restricts the use of land or a building for a purpose which may involve danger or injury to public hygiene or the health of the occupants or their neighbours or for a purpose which is against the public policy or public morals; or(f)in the interest of safety, regulates the height and position of proposed walls, and building fences or hedges near the corners or bends of roads; or(g)in the case of the erection of any building intended to be used for purposes of business or industry, requires the provisions of parking the vehicles.(2)No compensation shall be payable for refusal of permission to make any alteration in any building which is not in conformity with the use specified in the Plan or in the scheme.
