Malaysia legislation
Section 26
Section 26
(1)
No compensation shall be payable under this Ordinance in respect of any
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property on the ground that it has been injuriously affected by any provision contained in an approved scheme, if and in so far as the same provision or a provision substantially to the same effect, was, at the date when such scheme came into operation, already in force by virtue of any other written law.
(2)
A person shall not be entitled to recover compensation under this Ordinance in respect of any action taken under section 19 except in a case where a building which the
Local Authority has removed, pulled down or altered, was an existing permanent building at the material date.
(3)
Where any provision of an approved scheme is revoked or varied by a subsequent scheme, no compensation shall be payable in respect of any property on the ground that it has been injuriously affected by any provision contained in the subsequent scheme if and in so far as that later provision is the same, or substantially the same, as the earlier provision so revoked or varied; but if at the date when the revocation or variation of that earlier provision becomes operative –
(a)
there is still outstanding any claim for compensation duly made thereunder; or
(b)
the time originally limited for making such a claim has not expired, any such outstanding claim and any such claim made within the time so limited shall be entertained and determined, and may be enforced, in the same manner in all respects as if all the provisions of the earlier scheme had continued in operation.
Making of claims for compensation.