Report No. 10

Chapter III

Principles for The Determination of Compensation

21. Matters to be considered in determining compensation.-

(1) In determining the amount of compensation to be awarded for land acquired under this Act the court shall take into consideration-

first, the market-value of the land at the date of the publication of the notification under sub-section (1) of section 4;

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 of the Collector's taking possession thereof;

thirdly, the damage (if any), sustained by the person interested, at the time of the Collector's taking possession of the land, by reason of severing such land from his other land;

fourthly, the damage (if any), sustained by the person interested, at the time of the Collector's taking possession of the land, by reason of the acquisition injuriously affecting his other property, movable or immovable, in any other manner, or his earnings;

fifthly, if, in consequence of the acquisition of the land by the Collector, the person interested is compelled to change his residence or place of business, the reasonable expenses (if any) incidental to such change;

sixthly, the damage (if any) bona fide resulting from diminution of the profits of the land between the time of the publication of the notification under sub-section (1) of section 4 and the time of the Collector's taking possession of the land; and

seventhly, if it be shown that before the date of the publication of the notification under sub-section (1) of section 4 the owner of the land had in good faith taken active steps and incurred expenditure to secure a more profitable use of the same, the expenditure so incurred.

(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.

[Section 23, L.A.A.]