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[Complete Act]
Central Government Act
Section 23 in The Land Acquisition Act, 1894
23 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 57 [notification under section 4, sub-section (1)]; 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; and sixthly, the damage (if any) bona fide resulting from diminution of the profits of the land between the time of the publication of the declaration under section 6 and the time of the Collector's taking possession of the land.
(2) In addition to the market-value of the land, as above provided, the Court shall in every case award a sum of 59 [thirty per centum] on such market-value, in consideration of the compulsory nature of the acquisition. State Amendments Andhra Pradesh. —(1) In its application to the acquisition of any land in the project area for a project purpose as defined by the Nagarjunasagar Project (Acquisition of Land) Act, 1956, in section 23, in sub-section (1), for clause first, substitute the following clause, namely.— “first, the market value of the land on the 1st July, 1953, and the value of any improvements to the land effected after that date and before the date of the publication of the notification under sub-section (1) of section 4 or the market value of the land on the date of publication of the said notification, whichever is less; Explanation .—The Government may, on the request of the land-owner, agree to give in exchange any Government land the cost of which is, in their opinion, equal to the cost of the land acquired, or agree to pay the cost of a portion of the land acquired and for the remaining portion give Government land the cost of which is in their opinion equal to the amount due.” [ Vide Andhra Pradesh Act 32 of 1956, sec. 3 (w.e.f. 8-11-1956)].
(2) In its application in any land in the project area for project purpose as defined in Visakhapatnam Steel Project (Acquisition of Lands) Act, 1972, in section 23, in sub-section (1) for clause first, substitute the following clause, namely:— “first, the market value of the land on the 1st April, 1966, and the value of any improvements to the land effected after that date and before the date of the publication of the notification under sub-section (1) of section 4 or the market value of the land on the date of publication of the said notification, whichever is less; Explanation. —The Government may, on the request of the land-owner, agree to give in exchange any Government land the cost of which is, in their opinion, equal to the amount payable for the land acquired, or agree to pay an amount for a portion of the land acquired and for the remaining portion give Government land the cost of which is in their opinion equal to the amount due.” [ Vide A.P. Act 20 of 1972, sec. 3 (2)(ii) (w.e.f. 13-11-1972)].
(2) Mysore Town and Country Planning Act, 1961 (Mysore Act 11 of 1961), substitutes section 23 when land is acquired for some planning scheme under the Act. That sections is the same as in Maharashtra (1). [ Vide Mysore Act 11 of 1963, sec. 72(a)].
(1) the market value at the date of the publication of the declaration under section 15 of the Bombay Highways Act, 1955;
(2) the use to which the land was put at the date of such declaration;
(2) Nagpur (City). —(1) In clause first and clause sixthly, for the words and figures “publication of the notification under section 4, sub-section (1)” and “publication of the declaration under section 6”, the following clauses shall be deemed to be respectively substituted:— “(a) if the land is being acquired under sub-section (3) of section 32 of the Nagpur Improvement Trust Act, 1936, the words “issue of the notice under sub-section (3) of section 32 of the Nagpur Improvement Trust Act, 1936”, and
(2) 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, namely:— “Provided that this sub-section shall not apply to any land acquired under the Nagpur Improvement Trust Act, 1936, except—