Main Search Premium Members Advanced Search Disclaimer
Citedby 1445 docs - [View All]
J Venkatesh Reddy vs The State Of Karnataka on 19 April, 2017
D. Mahesh Kumar vs State Of Telangana, Department Of ... on 16 November, 2016
Satish Chandra Gupta vs State Of U.P. & 2 Others on 7 January, 2016
Bimlendra Mohan Pratap Mishra And ... vs State Of U.P.Throu.Its ... on 14 February, 2017
Smt Anitha Tholia W/O Ajay Kumar ... vs Counsel For The on 20 February, 2015

[Complete Act]
User Queries
Try out the Virtual Legal Assistant to take your notes as you use the website, build your case briefs and professionally manage your legal research. Also try out our Query Alert Service and enjoy an ad-free experience. Premium Member services are free for one month and pay only if you like it.
Central Government Act
Section 24 in The Land Acquisition Act, 1894
24 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 6, 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; 60 [***] 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 61 [notification under section 4, sub-section
(1) ]; 3 [or] 62 [ eighthly, any increase to the value of the land on account of its being part to any use which is forbidden by land or opposed to public policy.] State Amendments
Bihar —(1) In section 24, for clause seventhly, the following shall be deemed to be substituted, namely:— “seventhly, any outlay on additions or improvements to land acquired, which was incurred after the date with reference to which the market value is to be determined, unless such additions or improvements were necessary for the maintenance of any building in a proper state of repair.” [ Vide Bihar Act 23 of 1948, Sch., para. 4 (w.e.f. 1-4-1948); Bihar Act 57 of 1982, sec. 49 and Sch. (w.e.f. 8-10-1983)].
(2) Patna (City). —Same as above. [ Vide Bihar Act 35 of 1951, sec. 71 and Sch., para. 7 (w.e.f. 6-12-1951)].
Gujarat —(1) In section 24, in clause sixthly, at the end, omit the word “or”; and
(2) after clause seventhly, insert the following, namely:— “or eighthly, any increase to the value of the acquired land accrued by reason of any environmental improvement commenced, made or effected on such land by Government or a local authority or a corporation owned or controlled by Government. Explanation. —In this clause “environmental improvement” means any work or provision for giving facilities of water supply, sewer, drainage, community baths and latrines, street lights and such other facilities to the dwellers in slums on such land.” [ Vide Gujarat Act 11 of 1981, sec. 2 (w.e.f. 19-3-1981)].
Karnataka —(1) In section 24,—
(i) in clause seventhly, for the words, figures and brackets “publication of the notification under section 4, sub-section (1)”, substitute the words, figures and publication of 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”; and
(ii) after clause seventhly, insert the following clause, namely:— “eighthly, where a market value of the land acquired is increased by reason of the use thereof in a manner which may be restricted by any Court or is contrary to law or is detrimental to the health of the inmates of the premises, or public health, the amount of that increase.” [ Vide Mysore Act 17 of 1961, sec. 23 (w.e.f. 24-8-1961)].
(2) Mysore Town and Country Planning Act, 1963 (Mysore Act 11 of 1963) by section 72(b), substitutes section 24 while acquiring land for the purposes of development and planning schemes under the Act. The text of the Act is the same as in Maharashtra (1) with the modification that for the words “section 15” in sub-sections (4) and (7) “section 6” are there and the references to Bombay Act are not there.
(3) Mysore Highways Act, 1964 (Mysore Act 44 of 1964), similarly substitutes Section 24 when the land, etc., is to be acquired by the Highway Authority. The text of the section is the same as in Maharashtra (1) except that in sub-sections (4) and (7), for ‘ Bombay' “ Mysore ” is to be read. [ Vide Mysore Act 44 of 1964, secs. 28(2) and 30 and Sch.].
(4) For the word “Collector”, wherever it occurs, substitute the words “Deputy Commissioner” [ Vide Mysore Act 17 of 1961, sec. 4 (w.e.f. 24-8-1961)].
Maharashtra —(1) Maharashtra (Highways). —The Bombay Highways Act, 1955, by reason of the provisions contained in sections 28(2) and 30, substitutes for section 24 of the Land Acquisition Act, 1894, for purposes of acquisition under that Act, a new section 24 which is as follows:— “24. Matters to be neglected in determining compensation. —But the following matters shall not be taken into consideration:—
(1) the degree of urgency which had led to the acquisition;
(2) any disinclination of the person interested to part with the land acquired;
(3) any damage sustained by him which, if caused by a private person, would not render such person liable to a suit;
(4) any damage which is likely to be caused to the land acquired, after the date of the publication of the declaration under section 15 of the Bombay Highways Act, 1955, by or in consequence of the use to which it will be put;
(5) any increase to the value of land acquired likely to accrue from the use of which it will be put when acquired;
(6) 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;
(7) any outlay or improvement on, or disposal of the land acquired, commenced, made or effected without the sanction of the Collector or after the date of the publication of the notification under section 15 of the Bombay Highways Act, 1955;
(8) the special suitability or adaptability of the land for any purpose, if that purpose is a purpose to which it could be applied in pursuance of any law, or for which there is no market apart from the special needs of the Highway Authority;
(9) any increase in the value of the land by reason of the use thereof or any premises thereon 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 the pubic health.”
(2) Nagpur (City). —Same as that of Bihar (1). [ Vide C.P. Act 36 of 1936, sec. 61 and Sch., para. 11 (w.e.f. 1-1-1937); Maharashtra (V.R.) A.L.O., 1956].
Manipur —The Bombay Highways Act, 1955 (Bombay Act 55 of 1955), has been extended to the Union territory of Manipur by G.S.R. 59, dated 11th January, 1960, section 24 is the same in that territory as in Maharashtra (1) except for words “as extended to the Union territory of Manipur” added after Act, 1955 in clauses (4) and (7). [ Vide Gazette of India, Pt. II, Sec. 3(i), p. 87, dated 16th January, 1960].
Nagaland —Insert section 32B in the principal Act of 1966, substituting section 24 of the Ac 1 of 1894. Section 24 is the same as that of as Pondicherry except omission of certain words at the beginning and slight variations in clause (7). [ Vide Nagaland Act 2 of 1975, sec. 7 (w.e.f. 26-6-1975)]. Punjab: Haryana: Chandigarh. —Same as that of Bihar (1). [ Vide Punjab Act 4 of 1922, sec. 59 and Sch., para. 11; Act 31 of 1966, sec. 88]. Tamil Nadu. —In section 24,—
(1) (i) in clause sixthly, omit the word “or” occurring at the end; and in clause seventhly, add the word “or” at the end;
(ii) after clause seventhly, add the following clause, namely:— “eightly, any increase to the value of land acquired by reason of its suitability or adaptability for any use other than use to which the land was put at the date of the publication under section 4, sub-section (1).” [ Vide Tamil Nadu Act 23 of 1961, sec. 3(2); Tamil Nadu, A.L.O., 1969].
(2) Madras (City). —Same as that of Bihar (1). [ Vide Tamil Nadu Act 37 of 1950, sec. 73 and Sch., para.11 (w.e.f. 27-2-1951); Tamil Nadu, A.L.O., 1969]. Union Territory of Pondicherry. —For section 24, substitute the following section, namely:— “24. Matters to be neglected in determining compensation. —The Court shall not take into consideration— first, the degree or urgency which 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 publication of the notice under Section 33 of the Pondicherry Town and Country Planning Act, 1969 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 with the sanction of the local authority after the date of the declaration of the area as a planning are under section 8 of the Pondicherry Town and Country Planning Act, 1969; eighthly, the special suitability or adaptability of the land for any purpose, if that purpose is a purpose to which it could be applied in pursuance of any law or for which there is no market apart from the special needs of the local authority; ninthly, any increase in the value of the land by reason of the use thereof or any premises thereon 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 the public health.” [ Vide Pondicherry Act 15 of 1971, sec. 6 (w.e.f. 2-8-1971)]. Uttar Pradesh. —Controlled area on roadside and Nagar Mahapalika—Same as that of Bihar (1). [ Vide Uttar Pradesh Acts 10 of 1945, sec. 9 and Sch., para. 4 (w.e.f. 15-4-1946) and 2 of 1959, sec. 376 and Sch. II, para. 11]. West Bengal. —(1) Calcutta (Improvement). —Same as that of Bihar (1). [ Vide Bengal Act 5 of 1911, sec. 71 and Sch., para. 10 (w.e.f. 2-1-1912) and West Bengal Act 32 of 1955, sec. 74 (w.e.f. 20-10-1955)].
(2) Howrah (Improvement). —Same as that of Bihar (1). [ Vide West Bengal Act 14 of 1956, sec. 70 and Sch. I, para. 8]. Section 24A
Bihar —(i) After section 24, following section shall be deemed to be inserted, namely:— “24A. Further provisions for determining compensation. —In determining the amount of compensation to be awarded for any lands acquired under this Act, the Court shall also have regard to the following provisions, namely:—
(1) When any interest in any land acquired under this Act has been acquired after the date with reference to which the market value is to be determined, no separate estimate of the value of such interest shall be made so as to increase the amount of compensation to be paid for such land;
(2) If, in the opinion of the Court, any building is in a defective state from a sanitary point of view, or is in a reasonably good state of repair, the amount of compensation for such building shall not exceed the sum which the Court considers the building would, be worth if it were put into a sanitary condition or into a reasonably good stage of repair as the case may be, minus the estimated cost of putting it into such condition or state;
(3) If, in the opinion of the Court, any building which is used or is intended or is likely to be used for human habitation, is not reasonably capable of being made fit for human habitation, the amount of compensation for such building shall not exceed the value of the materials of the building, minus the cost of demolishing the building.” [ Vide Bihar Act 23 of 1948, Sch., para. 5 (w.e.f. 1-4-1948); Bihar Act 57 of 1982, sec. 49, Sch. (w.e.f. 8-10-1983)].
(2) Patna (City). —Same as that of Bihar (i). [ Vide Bihar Act 35 of 1951, sec. 71 and Sch., para 6].
Maharashtra — Nagpur (City). —After section 24, the following section shall be deemed to be inserted, namely:— “24A. Further provision for determining compensation. —In determining the amount of compensation to be awarded for any land acquired for the Trust under this Act, the Tribunal shall also have regard to the following provisions, namely:—
(1) , (2) and (3)” Sub-sections (1), (2) and (3) are the same as sub-sections (1), (2) and (3) of section 24A of West Bengal: Calcutta (Improvement). [ Vide C.P. Act 36 of 1936, sec. 61 and Sch., clause 12 (w.e.f. 1-1-1937); Maharashtra (V.R.) A.L.O., 1956]. Punjab : Haryana: Chandigarh. —After section 24, the following section shall be deemed to be inserted, namely:— “24A. Further provision for determining compensation. —In determining the amount of compensation to be awarded for any land acquired for the Trust under this Act the tribunal shall also have regard to the following provision, namely:—
(a) , (b), (c)”
(a) , (b), (c) are the same as that of as sub-sections (1), (2) and (3) of section 24A under West Bengal: Calcutta (Improvement). [ Vide Punjab Act 4 of 1922, sec. 59 and Sch., clause 12; Act 31 of 1966, sec. 68]. Tamil Nadu. — Madras (City). —After section 24, the following section shall be deemed to be inserted, namely:— “24A. Further provision for determining compensation. —In determining the amount to be awarded for any land acquired for the Board under this Act, regard shall also be had to the following provisions, namely:— (1), (2), (3)” (1), (2), (3) are the same as that of sub-section (1), (2), (3) of section 24A given under Bihar (i). [ Vide Tamil Nadu Act 37 of 1950, sec. 73 and Sch., para. 8 (w.e.f. 27-2-1951); Tamil Nadu, A.L.O., 1969]. Uttar Pradesh. —(1) In its application to the acquisition of land by the State Government for the controlled area on roadside, section 24A is the same as that given under Bihar. [ Vide Uttar Pradesh Act 10 of 1945, sec. 9 and Sch., para. 5 (w.e.f. 15-4-1946)].
(2) In its application for the acquisition of land by the Nagar Mahapalika, after section 24 the following section shall be deemed to be inserted, namely:— “24A. Further provision for determining compensation. —In determining the amount of compensation to be awarded for any land acquired under this Act for a Mahapalika established under the U.P. Nagar Mahapalika Adhiniyam, 1959, the Court shall also have regard to the following provisions, namely:—
(1) , (2) and (3)”
(1) , (2) and (3) are the same as that of sub-section (1), (2), (3) of section 24A under Bihar (i). [ Vide Uttar Pradesh Act 2 of 1959, sec. 376 and Sch. I, para. 12]. West Bengal. — Calcutta (Improvement).— Howrah (Improvement). —After section 24, the following section shall be deemed to be inserted, namely:— “24A. Further provisions for determining compensation. —In determining the amount of compensation to be awarded for any land acquired for the Board under this Act the Tribunal shall also have regard to the following provisions, namely:—
(1) When any interest in any land acquired under this Act has been acquired after the date with reference to which the market value is to be determined, no separate estimate of the value of such interest shall be made so as to increase the amount of compensation to be paid for such land;
(2) If, in the opinion of the Tribunal, any building is in a defective state, from a sanitary point of view or is not in a reasonably good state of repair, the amount of compensation shall not exceed the sum which the Tribunal considers the building will be worth if it were put into a sanitary condition or into a reasonably good state of repair as the case may be, minus the estimated cost of putting it into such condition of state;
(3) If, in the opinion of the Tribunal, any building, which is used or is intended or is likely to be used for human habitation, is not reasonably capable of being made fit for human habitation, the amount of compensation shall not exceed the value of the materials of the building, minus the cost of demolishing the building;
(4) If any tank in any area comprised within a scheme framed by the Board and published under 49 of the Calcutta Improvement Act, 1911, is on account of accumulation of fifth, rubbish or putrid matter or of the percolation of foul water from the kitchen, courtyard, privy or urinal, or for any other cause, in an unhygienic condition or un contains water which is discolored or malodorous or nfit for use for domestic purposes, or is a source of nuisance or disease, then notwithstanding anything contained in any law for the time being in force, the Tribunal shall, in determining the amount of compensation, make such deduction from the market value of the tank according to its present disposition as will, in their opinion, be a reasonable set off against the cost to society in unhealthiness, disease and discomfort caused by the tank being kept in such an unhygienic or insanitary condition.” [ Vide Bengal Act 5 of 1911, sec. 71 and Sch., para. 11 (w.e.f. 2-1-1912) and West Bengal Act 32 of 1955, sec. 74 (w.e.f. 20-10-1955) and para 11. (w.e.f. 2-1-1912) and West Bengal Act 32 of 1955, sec. 74 (w.e.f. 20-10-1955) and West Bengal Act 14 of 1956, sec. 70 and Sch. I, para. 9].