Amendment status not verified — confirm the current text below against the official source.
Matters to be considered in determining compensation (I) 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 notification under section 4, sub·scction (1); , (IA)lnadl every case aW31 market value fc notification und the Collector 01 Explanati, periods during' of any stay or il (2) In adc every case awa compulsory nal Applicabil Pradesh Awas I us on the pro Acquisition fl compensation it is not necess to be not applil provisions oft! the ground of I Section 55 ofl Land Acquisiti the Land Acqll applicable to I amendments ir lX'J~ for the information oftile COUll, in particulars ofany trees, buildings casons to think inlerested in such lor tendered under sections 5 and Df compensation awarded under :celion (3A) of section 17; and] npensalion, the grounds on which ned. Lilc giving the particulars of the Ide or delivered by the parties ~e day on which the court will earancc before the court on that cpt such (ifany) ofthem as have rnl ofthe compensation awarded; the land or to the amount of the be restricted 10 a consideration tI all persons entitled to practice Iand act (as the case may be) in ,. , - The Land Acquisillon Act. 1894 17 secondly. the damage sustained by the person interested. by reason of the taking of any standing crops or trees which lllay be on the land at the time orthe Collector's taking possession thcre?f; thirdly, the damage (ifany), sustained by the person interested, at the time ofthe Collector's taking possession ofthe land. by reason ofsevering such land from his other land; fourthly, the damage (ifany) 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 ofthe acquisition ofthe land by the Collector, the person interested is compelled to change his residence Or place ofbusiness, the reasonable expenses (ifany) incidented to such change; and sixthly. the damage Many) bona fide resulting from diminution ofthe profits of the land between the time of the publication of the declaration undcr section 6 and time of the Collector's taking possession of the land. (IA) h~ addition to the market-value of the land, as above provided, the court shall in every case award an amount calculated at the rate oftwclve per centem per annum on such market value for the period commencing on and from the date of the publication of the notification under section 4, sub-section (I) in respect ofsuch land to the date ofthe award of the Collector or the date oftaking possession of the land whichever is earlier. Explanation: In computing the period referred io in this sub-section. any period.or periods during which the proceedings for the acquisition ofthe land were held up on account ofany stay or injunction by the order of any court shall be excluded. • (2) In addition to the market-value of the lllnd, as above provided, the court shall in every ease award a sum of thirty pcrcentum] on such market-value. in considero:ltion of the compulsory nature ofthe acquisition. COMMENTS Applicability of the amendment of 1984 to the acquisition for the purpose of the Uttar Pradesh Awas Evam Vikas Parishad Adhinyam, 1965-ln v,iew ofthe construction placed by us on the provisions of Section 55 of the Adhiniyam that the provisions of the land Acquisition Act, as amended by the 1984 Act relating to determination and payment of compensation would be applicable to acquisition of land for the purposes of the Adhiniyam, it is not necessary to deal with the submission that ifthe provisions of the 1984 Act are held to be not applicable in the maner ofacquisition ofland for the purposes ofthe Adhiniyam the provisions ofthe Land Acquisition Act, as applicable under the Adhiniyam, would be void on the ground ofrepugnance under Article 254 ofthe Constitution. On a proper construction of Section 55 ofU.P. Adhiniyam, it must be held that while incorporating the provisions ofthe Land Acquisition Act in the Adhiniyam the intention of Legislature was that amendments in warded for land acquired under the Land Acquisition Act relating to determination and payment of compensation would be applicable to acquisition of lands for the purposes of the Adhiniyam. This means that the date of the publication of the amendments introduced in the land Acquisition Act by the 1984 Act relating to determination ); - • 18 Th~ Land AcquisItion Act. 1894 and payment of compensation. viz. Section 23{I.A) and Sections 23(2) and 28 as 26. Form ofllwards amendment by the 1984 ACI would be applicable to acquisition for the purposes of the Adhiniyam under Section 55 ofthe Adhiniyam.-U.P.A AV3S Evam Vikas Parishad \I. Jainul (I) Every award Islam. 1998(1) Supreme 340. the amount awarded l (if any) respectively I En/rallcemellf ofcompensation by re!erellu Court a/ong""ilh solatium at J5" and with the grounds of II il/terest 6%-- The High Court enhanced the compensation to Rs.15 per square yard from Rs.10 per squarc yard, however, the yardstick adopted by the High Court was not proper. In (2) Every such! such circumstances it was held that the claimant was not entitled 10 enhanced solatium every such award II j interest and additional amount at 15% and 6%.-Krishi Utpadan Mandj Samiti, Bulandshahar clause (9), respective v. GangaSahai, AIR 1996 SC 3883: 1996(6) Supreme 143: 1996(7)JT 120: 1996(IO)SCC 27. Costs 169: 1996(5) Scale 579: 1996 (3) Cur, CC 238.