Matters to be considered in determining compensation
In determining the amount of compensation to be acquired for the land or any interest therein acquired under this Act, the Arbitrating Authority shall take into consideration the following a The market value of the land in question as laid down in section 33, sub-section 2 of the Nagaland Town and Country Planning Act, 1966, b The use to which the land was put on the date of publication of the notification under section 32 of the Nagaland Town and Country Planning Act, 1966. c The damages sustained by the person interested by reason of the taking of any standing crops or trees which may be on the land at the time when the possession was taken from him. d The damage, if any, sustained by the person interested at the time of the possession being taken from him by reason of severing such land from his other land. e The damage, if any, sustained by the person interested at the time of the possession being taken from him of the land by reason of the acquisition injuriously affecting his other property movable or immovable in any other manner or his earnings. f if, a consequence of the acquisition of land the person interested is compelled to change his residence or place of business, the reasonable expenses, if any, incidental to such change. Explanation .The market value shall be as indicated in section 33, sub-section 2 of the Nagaland Town and Country Planning Act, 1966. i The market value, in the absence of any land Revenue Records to that effect shall be assessed by a Revenue Official of the rank of the Sub-Divisional Officer or the Additional Deputy Commissioner, who for the purposes of this Act shall be called the Assessing Authority for land acquisition. ii The Assessing Authority shall assess the value of the land to be required and shall communicate his decision in writing to the owner. iii If the owner is not satisfied with the assessment, he may file an appeal within thirty days after receiving the communication to the Deputy Commissioner who for the purpose of this Act shall be called the Arbitrating Authority. The decision of the Arbitrating Authority in this regard shall be final and binding on both parties. iv Every Assessing Authority for Land Acquisition shall maintain a Register showing all land assessments done to date. Such a Register shall furnish information of each plot of land regarding location, boundaries, dimensions, area, accessibility, use at the time of assessment and any other relevant factor. v The Assessing Authority for Land Acquisition will use the information available in the Register in the same manner as the information in land records is used to determine the market value. Vide Nagaland Act 2 of 1975 sec. 7 26-6-1975 . Punjab, Haryana, Chandigarh. 1 In section 23, in sub-section i , in clause first and clause sixthly, for the words publication of the declaration relating thereto under section 6 and the words publication of the declaration under section 6 shall be deemed to be substituted a if the land is being acquired under sub-section 3 of section 32 of the Act by the words Issue of the notice under sub-section 3 of section 32 of the Punjab Town Improvement Act, 1922, and b in any other case, the words first publication of the notification under section 36 of the Punjab Town Improvement Act, 1922.
The market value of the land in question as laid down in section 33, sub-section 2 of the Nagaland Town and Country Planning Act, 1966,
The use to which the land was put on the date of publication of the notification under section 32 of the Nagaland Town and Country Planning Act, 1966.
The damages sustained by the person interested by reason of the taking of any standing crops or trees which may be on the land at the time when the possession was taken from him.
The damage, if any, sustained by the person interested at the time of the possession being taken from him by reason of severing such land from his other land.
The damage, if any, sustained by the person interested at the time of the possession being taken from him of the land by reason of the acquisition injuriously affecting his other property movable or immovable in any other manner or his earnings.
f if, a consequence of the acquisition of land the person interested is compelled to change his residence or place of business, the reasonable expenses, if any, incidental to such change.
The market value, in the absence of any land Revenue Records to that effect shall be assessed by a Revenue Official of the rank of the Sub-Divisional Officer or the Additional Deputy Commissioner, who for the purposes of this Act shall be called the Assessing Authority for land acquisition.
The Assessing Authority shall assess the value of the land to be required and shall communicate his decision in writing to the owner.
If the owner is not satisfied with the assessment, he may file an appeal within thirty days after receiving the communication to the Deputy Commissioner who for the purpose of this Act shall be called the Arbitrating Authority. The decision of the Arbitrating Authority in this regard shall be final and binding on both parties.
Every Assessing Authority for Land Acquisition shall maintain a Register showing all land assessments done to date. Such a Register shall furnish information of each plot of land regarding location, boundaries, dimensions, area, accessibility, use at the time of assessment and any other relevant factor.
The Assessing Authority for Land Acquisition will use the information available in the Register in the same manner as the information in land records is used to determine the market value.
a if the land is being acquired under sub-section 3 of section 32 of the Act by the words Issue of the notice under sub-section 3 of section 32 of the Punjab Town Improvement Act, 1922, and
b in any other case, the words first publication of the notification under section 36 of the Punjab Town Improvement Act, 1922.
In section 23, in sub-section 2 , the full stop at the end shall be deemed to be changed to a colon and the following proviso shall be deemed to be added Provided that this sub-section shall not apply to any land acquired under the Punjab Town Improvement Act.
At the end of section 23, the following shall be deemed to be added, namely 3 For the purposes of clause first of sub-section 1 of this section, a the market value of the land shall be the market value according to the use to which the land was put at the date with reference to which the market value is to be determined under that clause b if it be shown that before such date the owner of the land had in good faith taken active steps and incurred expenditure to secure a more profitable use of the same, further compensation based on his actual loss may be paid to him c if any person, without the permission of the Trust required by sub-section 1 of section 31 of the Punjab Town Improvement Act, 1922, has erected, re-erected, added to or altered any building or wall so as to make the same project beyond the street alignment or building line duly prescribed by the Trust then anyproject beyond the street alignment or building line duly prescribed by the Trust then any increase in the market value resulting from such erection, re-erection, addition or alteration shall be disregarded d if market value has been increased by means of any improvement made by the owner or his predecessor-in-interest within two years before the aforesaid date, such increase shall be disregarded unless it be proved that the improvement so made was made in good faith and not in contemplation of proceedings for the acquisition of the land being taken under the Punjab Town Improvement Act, 1922 e if the market value is specially high consequence of the land being put to a use which is unlawful or contrary to public policy, that use shall be disregarded, and the market value shall be deemed to be the market value of the land if put to ordinary uses and f when the owner of the land or building has after passing of the Punjab town Improvement Act, 1922 and within two years preceding the date with reference to which the market value is to be determined, made a return under any enactment in force of the rent of the land or building, the rent of the land or building shall not in any case be deemed to be greater than the rent shown in the latest return so made, save as the Court may otherwise direct, and the market value shall be determined on the basis of such rent Provided that where any addition to, or improvement of, the land or building has been made after the date of such latest return and previous to the date with reference to which the market value is to be determined, the Court may take consideration any increase in the letting value of the land due to such addition or improvement. Vide Punjab Act 4 of 1922, sec. 59 and Sch., clause 10. Tamil Nadu. i In section 23, in sub-section 1 , i for clause first, substitute the following, namely first the market value of the land at the date of publication of the notification under section 4, sub-section l , or an amount equal to the average market value of the land during the five years immediately preceding such date, whichever is less, ii in clause fifthly, omit the word and at the end and in clause sixthly add the word and at the end iii after clause sixthly, add the following clause, namely seventhly, the use to which the land was put at the date of the publication of the notification under section 4, sub-section 1 . iv it sub-section 2 , for the words fifteen per centum, substitute the words five per centum. Vide Tamil Nadu Act 23 of 1961, sec. 3. v Madras City . 1 In section 23, sub-section 1 for clauses first and sixthly, the following clauses shall respectively be deemed to be substituted, namely first, the market value of the land a at the date of the issue of the notice under clause b of sub-section 3 of section 40 of the Madras City Improvement Act, 1950, in case the land is proposed to be acquired in pursuance of that clause and b at the date of the first publication of the notice under section 47 of that Act, in any other case. sixthly, the damage if any , bona fide resulting from diminution of the profits of the land between the date referred to in paragraph a or paragraph b , as the case may be, of clause first, and the date on which the Collector takes possession of the land.
a the market value of the land shall be the market value according to the use to which the land was put at the date with reference to which the market value is to be determined under that clause
b if it be shown that before such date the owner of the land had in good faith taken active steps and incurred expenditure to secure a more profitable use of the same, further compensation based on his actual loss may be paid to him
c if any person, without the permission of the Trust required by sub-section 1 of section 31 of the Punjab Town Improvement Act, 1922, has erected, re-erected, added to or altered any building or wall so as to make the same project beyond the street alignment or building line duly prescribed by the Trust then anyproject beyond the street alignment or building line duly prescribed by the Trust then any increase in the market value resulting from such erection, re-erection, addition or alteration shall be disregarded
d if market value has been increased by means of any improvement made by the owner or his predecessor-in-interest within two years before the aforesaid date, such increase shall be disregarded unless it be proved that the improvement so made was made in good faith and not in contemplation of proceedings for the acquisition of the land being taken under the Punjab Town Improvement Act, 1922
e if the market value is specially high consequence of the land being put to a use which is unlawful or contrary to public policy, that use shall be disregarded, and the market value shall be deemed to be the market value of the land if put to ordinary uses and
f when the owner of the land or building has after passing of the Punjab town Improvement Act, 1922 and within two years preceding the date with reference to which the market value is to be determined, made a return under any enactment in force of the rent of the land or building, the rent of the land or building shall not in any case be deemed to be greater than the rent shown in the latest return so made, save as the Court may otherwise direct, and the market value shall be determined on the basis of such rent
for clause first, substitute the following, namely
in clause fifthly, omit the word and at the end and in clause sixthly add the word and at the end
after clause sixthly, add the following clause, namely
it sub-section 2 , for the words fifteen per centum, substitute the words five per centum.
Madras City . 1 In section 23, sub-section 1 for clauses first and sixthly, the following clauses shall respectively be deemed to be substituted, namely
a at the date of the issue of the notice under clause b of sub-section 3 of section 40 of the Madras City Improvement Act, 1950, in case the land is proposed to be acquired in pursuance of that clause and
b at the date of the first publication of the notice under section 47 of that Act, in any other case.
In section 23, for sub-section 2 , the following sub-section shall be deemed to have been substituted, namely 2 For the purposes of clause first of sub-section 1 of this section, a if the market value of the land has been increased or decreased owing to the land falling within or near to the alignment of a projected public street, so much of the increase or decrease as may be due to such cause shall be disregarded b if any person, otherwise than in accordance with the provisions of this Act, erects, re-erects, adds to, or alters any wall or building so as to make the same project into the street alignment or beyond the building line prescribed by any scheme made under this Act, then, any increase in the market value resulting from such erection, re-erection, addition or alteration shall be disregarded. Vide Tamil Nadu Act 37 of 1950, sec. 73 and Sch., para 6 w.e.f. 27-2-1951 Tamil Nadu A.L.O., 1969. Uttar Pradesh. 1 a In section 23, in sub-section 1 , in clause first, add the following Explanation at the end, namely Explanation .In judging the market value aforesaid in any case where land is acquired for or in connection with sanitary improvements of any kind or planned development due regard shall be had to the insanitary and unhygienic conditions of the land on the date aforesaid. b sub-section 2 shall be omitted. Note. The direction in item b above to omit sub-section 2 does not apply in respect of a notification under section 4 issued prior to the commencement of the Land Acquisition U.P. Amendment Act, 1954. Vide Uttar Pradesh Act 22 of 1954, secs. 3 and 8 w.e.f. 19-11-1954 .
a if the market value of the land has been increased or decreased owing to the land falling within or near to the alignment of a projected public street, so much of the increase or decrease as may be due to such cause shall be disregarded
b if any person, otherwise than in accordance with the provisions of this Act, erects, re-erects, adds to, or alters any wall or building so as to make the same project into the street alignment or beyond the building line prescribed by any scheme made under this Act, then, any increase in the market value resulting from such erection, re-erection, addition or alteration shall be disregarded.
b sub-section 2 shall be omitted.
In its application to the acquisition of land by the State Government in the controlled area on the roadside, in section 23, a in sub-section 1 , in clause first and clause sixthly, for the words publication of the notification under section 4, sub-section 1 and the words publication of the declaration under section 6, the following words shall be deemed to be substituted, namely pulication of the notification under sub-section 2 of section 3 of the United Provinces Roadside Land Control Act, 1945. b in section 23, after sub-section 2 , the following sub-section shall be deemed to be added, namely 3 For the purposes of clause first of sub-section 1 of this section, a the market value of the land shall be the market value according to the use to which the land was put at the date with reference to which the market value is to be determined under that clause b if it be shown that before such date the owner of the land had in good faith taken active steps and incurred expenditure to secure a more profitable use of the same, further compensation based on his actual loss may be paid to him c if any person, without the permission of the Collector required by section 5 of the United Provinces Roadside Land Control Act, 1945, has erected, re-erected, added to or altered any building, then any increase in the market value resulting from such erection, re-erection, addition or alteration shall be disregarded d if market value has been increased by means of any improvement made by the owner or his predecessor-in-interest within two years before the aforesaid date, such increase shall be disregarded unless it be proved that the improvement so made was made in good faith and not in contemplation of proceedings for the acquisition of the land being taken under this Act e if the market value is specially, high consequence of the land being put to ashall be disregarded, and the market value shall be deemed to be the market value of the land if put to ordinary uses and f when the owner of the land or building has after passing of the United Provinces Roadside Land Control Act, 1945, and within two years preceding, the date with reference to which the market value is to be determined, made a return under section 158 of the United Provinces Municipalities Act, 1916, of the rent of the land or building, the rent of the land or building shall not in any case be deemed to be greater than the rent shown in the latest return so made, save as the Court may otherwise direct and the market value may be determined on the basis of such rent Provided that, where any addition to, or improvement of, the land or building has been made after the date of such latest return and previous to the date with reference to which the market value is to be determined, the Court may take into consideration any increase in the letting value of the land due to such addition or improvement. Vide Uttar Pradesh Act of 10 of 1945, sec. 9 and Sch., para 3 w.e.f. 15-4-1946 .
a in sub-section 1 , in clause first and clause sixthly, for the words publication of the notification under section 4, sub-section 1 and the words publication of the declaration under section 6, the following words shall be deemed to be substituted, namely
b in section 23, after sub-section 2 , the following sub-section shall be deemed to be added, namely
a the market value of the land shall be the market value according to the use to which the land was put at the date with reference to which the market value is to be determined under that clause
b if it be shown that before such date the owner of the land had in good faith taken active steps and incurred expenditure to secure a more profitable use of the same, further compensation based on his actual loss may be paid to him
c if any person, without the permission of the Collector required by section 5 of the United Provinces Roadside Land Control Act, 1945, has erected, re-erected, added to or altered any building, then any increase in the market value resulting from such erection, re-erection, addition or alteration shall be disregarded
d if market value has been increased by means of any improvement made by the owner or his predecessor-in-interest within two years before the aforesaid date, such increase shall be disregarded unless it be proved that the improvement so made was made in good faith and not in contemplation of proceedings for the acquisition of the land being taken under this Act
e if the market value is specially, high consequence of the land being put to ashall be disregarded, and the market value shall be deemed to be the market value of the land if put to ordinary uses and
f when the owner of the land or building has after passing of the United Provinces Roadside Land Control Act, 1945, and within two years preceding, the date with reference to which the market value is to be determined, made a return under section 158 of the United Provinces Municipalities Act, 1916, of the rent of the land or building, the rent of the land or building shall not in any case be deemed to be greater than the rent shown in the latest return so made, save as the Court may otherwise direct and the market value may be determined on the basis of such rent
In its application to the acquisition of land by the Nagar Mahapalika, in section 23, in sub-section 1 , a in clause first and clause sixthly, after the words publication of the notification under section 4, sub-section 1 , and the words publication of the declaration under section shall be deemed to be added i if the land is being acquired under sub-section 3 of section 348 of this Act, the words or in the case of acquisition under sub-section 3 of section 348 of the U.P. Nagar Mahapalika Adhiniyam, 1959, of the issue of the notice under sub-section 3 of section 348 of the Act, and ii in any other case, the words or in the case of acquisition of land under any improvement scheme other than a deferred street scheme under Chapter XIV of the U.P. Nagar Mahapalika Adhiniyam, 1959, of the first publication of the notification under section 357 of that Act. b in sub-section 2 the full stop at the end shall be deemed to be changed to a colon, and the following proviso shall be deemed to be added Provided that this sub-section shall not apply to any land acquired under Chapter XIV of the Uttar Pradesh Nagar Mahapalika Adhiniyam, 1959, except a land acquired under sub-section 4 of section 348 of that Adhiniyam, and b buildings in the actual occupation of the owner or occupied free of rent by a relative of the owner, and land appurtenant thereto, and c gardens not let to tenants but used by the owners as a place of resort. c sub-section 3 directed to be added at the end of section 23 is the same as sub-section 3 added by U.P. Act 10 of 1945 and given above, subject to the following notifications, namely i for clause c , substitute the following clause, namely c if any person without the permission of the Mukhya Nagar Adhikari required by clause b of sub-section 1 of section 348 or by sub-section 4 of section 350 of the Nagar Mahapalika Adhiniyam, 1959, has erected, re-erected, added to or altered any building or wall so as to make the same project beyond the strect alignment prescribed under the said section 348 or within the area specified in sub-section 4 of the said section 350, as the case may be, then any increase in the market value resulting from such erection, re-erection addition or alteration shall be disregarded ii after clause e , insert the following as clause f , namely f if the market value of any building is specially high in consequence of the building being so overcrowded as to be dangerous to the health of the inmates, such overcrowding shall be disregarded, and the market value shall be deemed to be the marked value of the building if occupied by such number of persons only as could be accommodated in it without risk of danger from overcrowding iii re-letter clause f as clause g and in the clause so relettered, for the words and figures the United Provinces Roadside Land Control Act, 1945 substitute the words and figures the Uttar Pradesh Nagar Mahapalika Adhiniyam, 1959. Vide Uttar Pradesh Act 2 of 1959, sec. 176 and Sch. II, para 10 as amended by Uttar Pradesh Act 14 of 1959, sec. 10 w.e.f. 24-9-1959 .
a in clause first and clause sixthly, after the words publication of the notification under section 4, sub-section 1 , and the words publication of the declaration under section shall be deemed to be added i if the land is being acquired under sub-section 3 of section 348 of this Act, the words or in the case of acquisition under sub-section 3 of section 348 of the U.P. Nagar Mahapalika Adhiniyam, 1959, of the issue of the notice under sub-section 3 of section 348 of the Act, and ii in any other case, the words or in the case of acquisition of land under any improvement scheme other than a deferred street scheme under Chapter XIV of the U.P. Nagar Mahapalika Adhiniyam, 1959, of the first publication of the notification under section 357 of that Act.
if the land is being acquired under sub-section 3 of section 348 of this Act, the words or in the case of acquisition under sub-section 3 of section 348 of the U.P. Nagar Mahapalika Adhiniyam, 1959, of the issue of the notice under sub-section 3 of section 348 of the Act, and
in any other case, the words or in the case of acquisition of land under any improvement scheme other than a deferred street scheme under Chapter XIV of the U.P. Nagar Mahapalika Adhiniyam, 1959, of the first publication of the notification under section 357 of that Act.
b in sub-section 2 the full stop at the end shall be deemed to be changed to a colon, and the following proviso shall be deemed to be added
a land acquired under sub-section 4 of section 348 of that Adhiniyam, and
b buildings in the actual occupation of the owner or occupied free of rent by a relative of the owner, and land appurtenant thereto, and
c gardens not let to tenants but used by the owners as a place of resort.
c sub-section 3 directed to be added at the end of section 23 is the same as sub-section 3 added by U.P. Act 10 of 1945 and given above, subject to the following notifications, namely i for clause c , substitute the following clause, namely c if any person without the permission of the Mukhya Nagar Adhikari required by clause b of sub-section 1 of section 348 or by sub-section 4 of section 350 of the Nagar Mahapalika Adhiniyam, 1959, has erected, re-erected, added to or altered any building or wall so as to make the same project beyond the strect alignment prescribed under the said section 348 or within the area specified in sub-section 4 of the said section 350, as the case may be, then any increase in the market value resulting from such erection, re-erection addition or alteration shall be disregarded ii after clause e , insert the following as clause f , namely f if the market value of any building is specially high in consequence of the building being so overcrowded as to be dangerous to the health of the inmates, such overcrowding shall be disregarded, and the market value shall be deemed to be the marked value of the building if occupied by such number of persons only as could be accommodated in it without risk of danger from overcrowding iii re-letter clause f as clause g and in the clause so relettered, for the words and figures the United Provinces Roadside Land Control Act, 1945 substitute the words and figures the Uttar Pradesh Nagar Mahapalika Adhiniyam, 1959.
for clause c , substitute the following clause, namely c if any person without the permission of the Mukhya Nagar Adhikari required by clause b of sub-section 1 of section 348 or by sub-section 4 of section 350 of the Nagar Mahapalika Adhiniyam, 1959, has erected, re-erected, added to or altered any building or wall so as to make the same project beyond the strect alignment prescribed under the said section 348 or within the area specified in sub-section 4 of the said section 350, as the case may be, then any increase in the market value resulting from such erection, re-erection addition or alteration shall be disregarded
after clause e , insert the following as clause f , namely
re-letter clause f as clause g and in the clause so relettered, for the words and figures the United Provinces Roadside Land Control Act, 1945 substitute the words and figures the Uttar Pradesh Nagar Mahapalika Adhiniyam, 1959.
4 in section 23, in its application to the Development Board established under Uttar Pradesh Act 1 of 1966, i in sub-section 1 , in clause first, for the existing Explanation the following Explanation shall be deemed to be substituted Explanation .In judging the market value aforesaid in any case where a land is acquired under a housing or Improvement scheme under the Uttar Pradesh Avas Evam Vikas Parishad Adhiniyam, 1965, if any building has been erected, re-erected, added or altered in contravention of the provisions of clause a of sub-section 3 of section 23, sub-section 3 of section 24 or section 35 of the said Adhiniyam, any increase in the market value resulting from such erection, re-erection, addition or alteration shall be disregarded ii after the existing sub-section 1 , add the following sub-section, namely 2 In addition to the market value of the land as above provided, the Court shall in every case awarded a sum of ten per centum of such market value in consideration of the compulsory nature of the acquisition. Vide Uttar Pradesh Act 1 of 1966, sec. 55 and Schedule.
in sub-section 1 , in clause first, for the existing Explanation the following Explanation shall be deemed to be substituted Explanation .In judging the market value aforesaid in any case where a land is acquired under a housing or Improvement scheme under the Uttar Pradesh Avas Evam Vikas Parishad Adhiniyam, 1965, if any building has been erected, re-erected, added or altered in contravention of the provisions of clause a of sub-section 3 of section 23, sub-section 3 of section 24 or section 35 of the said Adhiniyam, any increase in the market value resulting from such erection, re-erection, addition or alteration shall be disregarded
after the existing sub-section 1 , add the following sub-section, namely
In section 23, a in sub-section 1 , in clause first, omit the Explanation b after sub-section 1 , insert the following sub-section, namely 2 In addition to the market value of the land as above provided, the Court shall in every case award a sum of fifteen per centum on such market value in consideration of the compulsory nature of the acquisition. Vide Uttar Pradesh Act 28 of 1972, sec. 3 w.e.f. 3-7-1972 . Union Territory Pondicherry .For section 23, substitute the following section, namely 23. Matters to be considered in determining compensation . 1 In determining the amount of compensation to be awarded for land or any interest therein acquired under this Act, the Court shall take into consideration first, the market value of the land at the date of the declaration of the area as a planning area under section 8 of the Pondicherry Town and Country Planning Act, 1969 secondly, the damage sustained by the person interested by reason of the taking of any standing crops or trees which may be on the land at the time when the possession was taken from him thirdly, the damage, if any, sustained by the person interested at the time of the possession being taken from him, by reason of severing such land from his other land fourthly, the damage, if any, sustained by the person interested at the time of thepossession being taken from him of the land, by reason of the acquisition injuriously affecting his other property, movable or immovable, in any other manner, or his earnings and fifthly, if, in consequence of the acquisition of the land by the person interested is compelled to change his residence or place of business the reasonable expenses, if any incidental to such change.
a in sub-section 1 , in clause first, omit the Explanation
b after sub-section 1 , insert the following sub-section, namely
In addition to the market value of the land as above provided in sub-section 1 , the Court shall in every case award a sum of fifteen per centum on such market-value in consideration of the compulsory nature of the acquisition. Vide Pondicherry Act 15 of 1971, sec. 6 w.e.f. 2-8-1971 . West Bengal. In section 23, in sub-section 1 , seventhly, the loss of earning, if any, caused to the person interested, in consequence of the acquisition of the land, where earning was derived directly from such land. Vide West Bengal Act 30 of 1963, sec. 4 as amended by Land Aquisition West Bengal Amendment, Act, 1981, sec. 4 .
1 i in clause fifthly, the word and at the end shall be omitted and deemed always to have been omitted ii in clause sixthly, for the words possession of the land, words possession of the land, and shall be deemed always to have been substituted iii after clause sixthly, following clause shall be deemed always to have been inserted, namely
in clause sixthly, for the words possession of the land, words possession of the land, and shall be deemed always to have been substituted
after clause sixthly, following clause shall be deemed always to have been inserted, namely
2 after sub-section 3 , the following sub-section shall be deemed always to have been added always 4 Compensation payable to a bargadar for loss of earning under clause seventhly of sub-section 1 shall not exceed six times the net average annual income which the bargadar derived or might have derived from the land during three years immediately preceding the date of acquisition. Explanation. The net annual income of a bargadar in any year shall be taken to be fifty per cent. of the total produced of the land cultivated by him in that year where plough, cattle, manure and seeds necessary for cultivation are supplied by the person owning the land security five per cent. of the total produce of the land in all other cases. Vide West Bengal Act 7 of 1997, sec. 5 w.e.f. 2-5-1997 . In section 23, omit sub-section 2 . Vide West Bengal Act 9 of 1975, sec. 3 w.e.f. 3-4-1975 Further W.B. Act 9 of 1975 was repealed by W.B. Act XXX of 1978. In sub-section 1A , substitute the following proviso, namely Provided that a in respect of the acquisition of the land referred to in sub-section 3A of section 9, in addition to the market-value of the land, the Court shall in every case award an amount calculated at the rate of twelve per centum per annum on the value of the land for the period commencing on and from the date of taking possession of the land to the date immediately before the date of issue of the notice under sub-section 3A of section 9 plus interest at the rate of twelve per centum per annum on the market-value of the land from the date of issue of the notice under sub-section 3A of section 9 to the date of award of the Collector, and b in respect of the acquisition of the land referred to in sub-section 3B of section 9, in addition to the market-value of the land, the Court shall in every case award an amount calculated at the rate of twelve per centum per annum on the value of the land for the period commencing on and from the date of taking possession of the land to the date immediately before the date of publication of the notice under sub-section 1a of section 4 of the West Bengal Land Requisition and Acquisition Act, 1948 hereinafter referred to in this proviso as the said Act , as re-enacted by the West Bengal Land Requisition and Acquisition Re-enacting Act, 1977, plus interest at the rate of twelve per centum per annum on the market-value of the land for the period commencing on and from the date of publication of the notice under sub-section 1a of section 4 of the said Act to the date of award of the Collector. Explanation. For the purposes of this proviso, the expression value of the land shall mean the market-value of the land determined with reference to the date of taking possession of the land Vide West Bengal Act 19 of 1999, sec. 3. Calcutta Improvement . 1 In section 23, sub-section 2 shall be deemed to be omitted.
a in respect of the acquisition of the land referred to in sub-section 3A of section 9, in addition to the market-value of the land, the Court shall in every case award an amount calculated at the rate of twelve per centum per annum on the value of the land for the period commencing on and from the date of taking possession of the land to the date immediately before the date of issue of the notice under sub-section 3A of section 9 plus interest at the rate of twelve per centum per annum on the market-value of the land from the date of issue of the notice under sub-section 3A of section 9 to the date of award of the Collector, and
b in respect of the acquisition of the land referred to in sub-section 3B of section 9, in addition to the market-value of the land, the Court shall in every case award an amount calculated at the rate of twelve per centum per annum on the value of the land for the period commencing on and from the date of taking possession of the land to the date immediately before the date of publication of the notice under sub-section 1a of section 4 of the West Bengal Land Requisition and Acquisition Act, 1948 hereinafter referred to in this proviso as the said Act , as re-enacted by the West Bengal Land Requisition and Acquisition Re-enacting Act, 1977, plus interest at the rate of twelve per centum per annum on the market-value of the land for the period commencing on and from the date of publication of the notice under sub-section 1a of section 4 of the said Act to the date of award of the Collector.
At the end of section 23, the following sub-section shall be deemed to be added, namely 3 for the purposes of clause first sub-section 1 of this section, a when acquisition is proposed to be made by the Board of land comprised within any improvement scheme framed by the Board and published under section 49 of the Calcutta Improvement Act, 1911, the market value of the land shall be deemed to be the market value according to the disposition of the land at the date of publication of the notice under sub-section 2 of section 43 of the said Act and in other cases, the market value shall be deemed to be the market value according to the disposition of the land at the date of publication of the notification relating thereto under section 4 b bb if the market value has been increased or decreased owing to the land falling within or near to the alignment of a projected public street, so much of the increase or decrease as may be due to such cause shall be disregarded bbb if any person, without the permission of the Chairman required by section 63, sub-section 8 of the Calcutta Improvement Act, 1911, has erected, re-erected or added to any wall exceeding ten feet in height or building within the street alignment or building line of a projected public street, or having erectted, re-erected or added to any wall or building as aforesaid with such permission fails to remove such wall or building or any specified portion thereof when so required by notice issued under sub-section 9 of the said section, then any increase in the market value resulting from such erection, re-erection or addition shall be disregarded c if the market value has been increased by means of any improvement made by the owner or his predecessor-in-interest within two years before the date with reference to which the market value is to be determined, such increase shall be disregarded, unless it be proved that the improvement was made bona fide and not in contemplation of proceedings for the acquisition of the land being taken under this Act d if the market value is specially high in consequence of the land being put to a use which is unlawful or contrary to public policy, the use shall be disregarded, and the market, value shall be deemed to be the market value of the land if put to ordinary uses and e if the market value of any building is specially high in consequence of the building being so overcrowded as to be dangerous to the health of the inmates, such overcrowding shall be disregarded, and the market value shall be deemed to be the market value of the building if occupied by such number of persons only as could be accommodated in it without risk or danger from overcrowding. Vide Bengal Act 5 of 1911, sec. 71 and Sch. w.e.f. 2-1-1912 and West Bengal Act 32 of 1955, Sec. 74 w.e.f. 20-10-1955 . Calcutta Corporation .Section 524 of the Calcutta Municipal Act, 1951 West Bengal, Act 33 of 1951 , provides as follows
a when acquisition is proposed to be made by the Board of land comprised within any improvement scheme framed by the Board and published under section 49 of the Calcutta Improvement Act, 1911, the market value of the land shall be deemed to be the market value according to the disposition of the land at the date of publication of the notice under sub-section 2 of section 43 of the said Act and in other cases, the market value shall be deemed to be the market value according to the disposition of the land at the date of publication of the notification relating thereto under section 4
b
bb if the market value has been increased or decreased owing to the land falling within or near to the alignment of a projected public street, so much of the increase or decrease as may be due to such cause shall be disregarded
bbb if any person, without the permission of the Chairman required by section 63, sub-section 8 of the Calcutta Improvement Act, 1911, has erected, re-erected or added to any wall exceeding ten feet in height or building within the street alignment or building line of a projected public street, or having erectted, re-erected or added to any wall or building as aforesaid with such permission fails to remove such wall or building or any specified portion thereof when so required by notice issued under sub-section 9 of the said section, then any increase in the market value resulting from such erection, re-erection or addition shall be disregarded
c if the market value has been increased by means of any improvement made by the owner or his predecessor-in-interest within two years before the date with reference to which the market value is to be determined, such increase shall be disregarded, unless it be proved that the improvement was made bona fide and not in contemplation of proceedings for the acquisition of the land being taken under this Act
d if the market value is specially high in consequence of the land being put to a use which is unlawful or contrary to public policy, the use shall be disregarded, and the market, value shall be deemed to be the market value of the land if put to ordinary uses and
e if the market value of any building is specially high in consequence of the building being so overcrowded as to be dangerous to the health of the inmates, such overcrowding shall be disregarded, and the market value shall be deemed to be the market value of the building if occupied by such number of persons only as could be accommodated in it without risk or danger from overcrowding.
Application of Land Acquisition Act, 1894, with amendment. Any land or building which the. Corporation is authorised by this Act to acquire may be acquired under the provisions of Land Acquisition Act, 1894, and for that purpose the said Act shall be subject to the amendment that the market value of any land or building to be acquired shall be deemed, for the purposes of clause first of sub-section 1 of Section 23 of the said Land Acquisition Act, 1894, to be the market value according to the disposition of such land or building at the date of publication of the declaration relating thereto under section 6 of the said Land Acquisition Act, 1894. Provided as follows i if, within a period of two years from the date of the publication of such declaration in respect of any land or building, the Collector has not made an award under section 11 of the said Land Acquisition Act, 1894, with respect to such land or building, the owner of the land or building shall be entitled to receive compensation for the damage suffered by him in consequence of the delay ii if the market value is specially high in consequence of the property being put to a use which is unlawful or contrary to public policy that use shall be disregarded and the market value shall be deemed to be the market value of the land or building if put to ordinary uses iii if the market value has been increased by means of any improvement made by the owner or his predecessor-in-interest within one year before the aforesaid declaration was published, such increase shall be disregarded, unless it be proved that the improvement was made bona fide and not in contemplation of proceedings for the acquisition of the land or building being taken under the said Land Acquisition Act, 1894. West Bengal Act 33 of 1951, sec. 524 as amended by West Bengal Act 19 of 1953.
if, within a period of two years from the date of the publication of such declaration in respect of any land or building, the Collector has not made an award under section 11 of the said Land Acquisition Act, 1894, with respect to such land or building, the owner of the land or building shall be entitled to receive compensation for the damage suffered by him in consequence of the delay
if the market value is specially high in consequence of the property being put to a use which is unlawful or contrary to public policy that use shall be disregarded and the market value shall be deemed to be the market value of the land or building if put to ordinary uses
if the market value has been increased by means of any improvement made by the owner or his predecessor-in-interest within one year before the aforesaid declaration was published, such increase shall be disregarded, unless it be proved that the improvement was made bona fide and not in contemplation of proceedings for the acquisition of the land or building being taken under the said Land Acquisition Act, 1894.
Howrah Improvement . i In section 23, sub-section 2 shall be deemed to be omitted. ii In section 23, at the end the following sub-section shall be deemed to have been added, namely 3 For the purposes of clause first of sub-section 1 of this section, a when acquisition is proposed to be made by the Board of land comprised within any improvement scheme framed by the Board and published under section 51 of the Howrah Improvement Act, 1956, the market value of the land shall be deemed to be the market value according to the disposition of the land at the date of publication of the notice under sub-section 2 of section 45 of the said Act and in other cases, the market value shall be deemed to be the market value according to the disposition of the land as the date of publication of the notification relating thereto under section 4 b if the market value has been increased or decreased owing to the land falling within or near to the alignment of a projected public street, so much of the increase or decrease as may be due to such cause shall be disregarded c if any person, without the permission of the Chairman required by sub-section 8 of section 63 of the Howrah Improvement Act, 1956, has erected, re-erected or added to any all exceeding ten feet in height , or building within the street alignment or building line of a projected public park, or having erected, re-erected or added to any wall or building as aforesaid with such permission fails to remove such wall or building or any specified portion thereof when so required by notice issued under sub-section 9 of the said section, then any increase in the market value resulting from such erection, re-erection or addition shall be disregarded d if any person erects, re-erects or adds to any wall exceeding ten feet in height , or building within a projected sewage disposal site or having erected, re-erected or added to any wall or building as aforesaid fails to remove such wall or building or any specified portion thereof when so required by a notice issued by the Board, then any increase in the market value resulting from such erection, re-erection or addition shall be disregarded e if the market value has been increased by means of any improvement made by the owner or his predecessor-in-interest within two years before the date with reference to which the market value is to be determined, such increase shall be disregarded, unless it be proved that the improvement was made bona fide and not in contemplation of proceedings for the acquisition of the land being taken under this Act f if the market value is specially high in consequence of the land being put to a use which is unlawful or contrary to public policy, that use shall be disregarded, and the market value shall be deemed to be the market value of the land if put to ordinary uses and g if the market value of any building is specially high in consequence of the building being so overcrowded as to be dangerous to the health of the inmates, such overcrowding shall be disregarded, and the market value shall be deemed to be the market value of the building if occupied by such number of persons only as could be accommodated in it without risk of danger from overcrowding Vide Howrah Improvement Act, 1956 West Bengal Act 14 of 1956 , sec. 70 and Sch. I, para 7 2 w.e.f. 26-1-1957 .
In section 23, at the end the following sub-section shall be deemed to have been added, namely
a when acquisition is proposed to be made by the Board of land comprised within any improvement scheme framed by the Board and published under section 51 of the Howrah Improvement Act, 1956, the market value of the land shall be deemed to be the market value according to the disposition of the land at the date of publication of the notice under sub-section 2 of section 45 of the said Act and in other cases, the market value shall be deemed to be the market value according to the disposition of the land as the date of publication of the notification relating thereto under section 4
b if the market value has been increased or decreased owing to the land falling within or near to the alignment of a projected public street, so much of the increase or decrease as may be due to such cause shall be disregarded
c if any person, without the permission of the Chairman required by sub-section 8 of section 63 of the Howrah Improvement Act, 1956, has erected, re-erected or added to any all exceeding ten feet in height , or building within the street alignment or building line of a projected public park, or having erected, re-erected or added to any wall or building as aforesaid with such permission fails to remove such wall or building or any specified portion thereof when so required by notice issued under sub-section 9 of the said section, then any increase in the market value resulting from such erection, re-erection or addition shall be disregarded
d if any person erects, re-erects or adds to any wall exceeding ten feet in height , or building within a projected sewage disposal site or having erected, re-erected or added to any wall or building as aforesaid fails to remove such wall or building or any specified portion thereof when so required by a notice issued by the Board, then any increase in the market value resulting from such erection, re-erection or addition shall be disregarded
e if the market value has been increased by means of any improvement made by the owner or his predecessor-in-interest within two years before the date with reference to which the market value is to be determined, such increase shall be disregarded, unless it be proved that the improvement was made bona fide and not in contemplation of proceedings for the acquisition of the land being taken under this Act
f if the market value is specially high in consequence of the land being put to a use which is unlawful or contrary to public policy, that use shall be disregarded, and the market value shall be deemed to be the market value of the land if put to ordinary uses and
g if the market value of any building is specially high in consequence of the building being so overcrowded as to be dangerous to the health of the inmates, such overcrowding shall be disregarded, and the market value shall be deemed to be the market value of the building if occupied by such number of persons only as could be accommodated in it without risk of danger from overcrowding
Vide Howrah Improvement Act, 1956 West Bengal Act 14 of 1956 , sec. 70 and Sch. I, para 7 2 w.e.f. 26-1-1957 .