Report No. 10
22. Matters to be neglected in determining compensation.-
But the court shall not take into consideration-
first, the degree of urgency which has led to the acquisition;
secondly, any disinclination of the person interested to part with the land acquired;
thirdly, any damage sustained by him which, if caused by a private person, would not render such person liable to a suit;
fourthly, any damage which is likely to be caused to the land acquired, after the date of the publication of the declaration under section 8, by or in consequence of the use to which it will be put;
fifthly, any increase to the value of the land acquired likely to accrue from the use to which it will be put when acquired;
sixthly, any increase to the value of the other land of the person interested likely to accrue from the use to which the land acquired will be put;
Seventhly, any outlay or improvements on, or disposal of the land acquired, commenced made or effected without the sanction of the Collector after the date of the publication of the notification under sub-section (1) of section 4, unless, in the case of improvements, such improvements were necessary for the maintenance of any building in a proper state of repair; or
eighthly, where the market-value of the land acquired is increased by reason of the use thereof in a manner which could be restrained by any court or is contrary to law or is detrimental to the health of the inmates of the premises or to public health, the amount of that increase.
[Section 24, L.A.A.]
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