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Q1.

Discuss on the principles relating to the determination of


compensation ?

As refer to section 23, in determining the amount of compensation to be


awarded for land acquired under this Act, the court shall take into consideration---

1. the market-value of the land at the date of the publication of the {Subs,
by Act 38 of 1923, s.7, for "declaration relating thereto under s.6
notification under section 4, sub-section (1)
2. the damage 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;
3. the damage (if any) sustained by the person interested, at the time of the
Collector's taking possession taking possession of the land, by the reason
of severing such land from his other land;
4. 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;
5. if in the 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
6. 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.

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.

Matters to be considered in determining compensation are stated under Section 2 of


First Schedule of the Land Acquisition Act 1960 as follows:-
(a) the market value as determined in accordance with section 1 of this Schedule;
(b) (Betterment) any increase, which shall be deducted from the total
compensation, in the value of the other land of the person interested likely to
accrue from the use to which the land acquired will be put;
(c) (Severance) the damage, if any, sustained or likely to be sustained by the
person interested at the time of the Land Administrator's taking possession of
the land by reason of severing such land from his other land;
(d) (Injurious Affection) the damage, if any, sustained or likely to be sustained by
the person interested at the time of the Land Administrator's taking possession
of the land by reason of the acquisition injuriously affecting his other property,
whether movable or immovable, in any other manner;
(e) (Disturbance Claims) if, in consequence of the acquisition, he is or will be
compelled to change his residence or place of business, the reasonable
expenses, if any, incidental to such change; and
(f) (Accommodation Works) where only part of the land is to be acquired, any
undertaking by the State Authority, or by the Government, person or
corporation on whose behalf the land is to be acquired, for the construction or
erection of roads, drains, walls, fences or other facilities benefiting any part of
the land left unacquired, provided that the undertaking is clear and enforceable.