Town and Regional Planning Act, 1934

Postponement of payment of compensation.

62.—(1) The responsible authority under a planning scheme may, within one month after the date of an award of compensation under the next preceding section of this Act to any person, give notice (in this section referred to as a suspensory notice) to such person of the intention of such authority to take steps to effect or obtain the revocation or amendment of the provision in such planning scheme on account of the coming into operation of which such compensation was awarded.

(2) No award of compensation under the said next preceding section shall be enforceable until the happening of the event specified in whichever of the following paragraphs is applicable, that is to say:—

(a) if within one month from the date of such award the responsible authority has given a suspensory notice in relation to such award and within four months from the giving of such notice the appropriate planning authority has passed a resolution for the making of a planning scheme to revoke or amend the provision to which such notice relates:—the coming into operation of a planning scheme made in pursuance of such resolution or the revocation by the Minister of such resolution, as the case may be;

(b) if within one month from the date of such award the responsible authority has given a suspensory notice in relation to such award and within four months after the giving of such notice the responsible authority has appealed to the Minister against a refusal by the appropriate planning authority of an application for a revocation or modification of the provision to which such notice relates:—the determination of such appeal by the Minister;

(c) if, in the case mentioned in the next preceding paragraph of this sub-section, the Minister when determining the appeal requires the planning authority to make a revoking or amending planning scheme:—the coming into operation of such revoking or amending planning scheme;

(d) in any other case in which the responsible authority has, within one month after the date of such award, given a suspensory notice in respect of such award:—the expiration of four months from the giving of such notice;

(e) in any other case whatsoever:—the expiration of one month from the date of such award.

(3) Notwithstanding anything contained in the foregoing sub-sections of this section, the right of any person to recover the amount of an award of compensation under the next preceding section of this Act on account of the coming into operation of a provision in a planning scheme shall cease on the coming into operation of a later planning scheme by which such provision is revoked or amended, but such cesser shall not prejudice or affect the right (if any) of such person to recover compensation under the said next preceding section on account of the coming into operation of a provision in such later planning scheme.