Town and Regional Planning Act, 1934
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Arbitration on applications for compensation or payment for betterment. |
75.—(1) Every application by any person for payment of compensation under this Part of this Act by the responsible authority and every application by the responsible authority for payment for betterment by any person shall, in default of agreement, be determined by arbitration under and in accordance with the Acquisition of Land (Assessment of Compensation) Act, 1919, as amended by the Acquisition of Land (Reference Committee) Act, 1925 (No. 22 of 1925), in like manner in all respects as if such application arose in relation to the compulsory acquisition of land and such compensation or payment for betterment were the price of land compulsorily acquired, and the said Acts shall apply accordingly but subject to the subsequent provisions of this section. | |
(2) On any arbitration under this section, the arbitrator shall have jurisdiction to determine whether compensation or payment for betterment is in the circumstances of the particular case payable at all, and if such arbitrator finds that such compensation or payment for betterment is payable he shall have jurisdiction to determine the amount thereof, and (in the case of compensation) the person to whom it is payable, and (in the case of payment for betterment) the person by whom it is payable, and (in any case) the time or times at which such compensation or payment for betterment shall be paid and, in particular, whether it is to be paid in one sum or by instalments and, if it is to be paid by instalments, the number, amount, and times of payment of such instalments and the provision to be made for payment of interest on the amount for the time being outstanding and unpaid. | ||
(3) When the amount of any compensation or payment for betterment is being determined on an arbitration under this section, the arbitrator shall have regard, in the case of compensation, to any undertaking given by the planning authority or the responsible authority and, in the case of payment for betterment, to any undertaking given by the person from whom such payment for betterment is claimed. |