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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)].
(3) For the word “Collector”, substitute the words Deputy Commissioner”. [ Vide Mysore Act 17 of 1961, sec. 4 (w.e.f. 24-8-1961)]. Madhya Pradesh: Bhopal Area .—In section 23,—
(i) in sub-section (1), to clause beginning with the word “first”, add the following, proviso, namely:—
“Provided that when the market value of any land situate in Bhopal area, in respect of which the date of publication of the notification aforesaid is after the commencement of the Land Acquisition (Madhya Pradesh Amendment) Act, 1957 (XXI of 1958)* is in excess of its market value as on the 1st day of October, 1955, the market value thereof shall be deemed to be its market value as on the 1st day of October, 1955.”;
(ii) after sub-section (2), insert the following sub-section, namely:—
“(3) Where in respect of any land situate in Bhopal area the market value thereof is determined in accordance with the Proviso to clause first, then in addition to such market value and the additional sum provided under sub-section (2), the Court shall award a further sum not exceeding twenty-five per centum of such market value as may be deemed it in consideration of the appreciation in the price of land concerned by reason of the location of the Capital at Bhopal, regard being had to the situation of such land.” [ Vide Madhya Pradesh Act 5 of 1959, sec. 3 (w.e.f. 1-4-1959)]. * This Act came into force on 3-8-1958. Maharashtra: (1) Maharashtra (Highways) .—The Bombay Highways Act, 1955 (Bombay Act 45 of 1955), by reason of the provisions contained in sections 28(2) and 30, substituted for section 23 of the Land Acquisition Act, 1894, a new section 23 as given in the Schedule to the said Bombay Act. The text of this section 23 is as follows:— “23. Matters to be considered in determining compensation. —In determining the amount of compensation to be awarded for the land or any interest therein acquired under this Act, the following matters shall be taken into consideration:—
(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;
(3) 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;
(4) 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;
(5) 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 of his earnings;
(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
(b) in any other case, the words “first publication of the notification under section 39 of the Nagpur Improvement Trust Act, 1936.”
(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—
(a) buildings in the actual occupation of the owner or occupied free of rent by a relative of the owner, and land apparent thereto; and
(b) gardens not let to tenants but used by the owners as a place of resort.”
(3) At the end of section 23, 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 expenditure may be paid to him;
(c) if any person, without the permission of the Trust required by clause (b) of sub-section (1) of section 32 or by sub-section (3) of section 33 or by sub-section (4) of section 35 of the Nagpur Improvement Trust Act, 1936, has erected, re-erected, added to or altered any building or wall so as to make the same project beyond the street alignment prescribed under the said section 32 of the street alignment or building line shown in any plan finally adopted by the Trust under the said section 33, or within the area specified in sub-section (4) of the said section 35, as the case may be, 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 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; (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 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; and
Provided that where any addition to, or improvement of, the land or building has been made after the date of such return and previous to the date with reference to which the market value is to be determined, the Court may take in to consideration any increase in the letting value of the land due to such addition or improvement.” [ Vide C.P. Act 36 of 1936, sec. 61 and Sch, clause 10 (w.e.f. 1-1-1937); Maharashtra (V.R.) A.L.O., 1956]. Manipur — See Note under Maharashtra (1).