ABSTRACT

This chapter focuses on to one particular problem which inevitably arises, the problem of compensation and betterment. The meaning of the term 'compensation' is clear, but 'betterment' has been used in several senses. In the narrow sense, betterment means the increase in the value of neighbouring property brought about by a particular improvement, such as the construction of a new street. Recoupment involves the purchase of more land than is necessary for the construction of an improvement and the subsequent resale of the surplus once the improvement is completed. Comprehensive town and country planning was introduced after the war in Britain. The 1947 Town and Country Planning Act established an ingenious compensation-betterment scheme with the device of development charges. The retrospective provisions of the 1954 Act are designed to 'unscramble' the superseded financial provisions of the 1947 Act. A major complaint against the Act on grounds of fairness has been that it discriminates between property owners.