Amendment status not verified — confirm the current text below against the official source.
Amendment of section 23. - (1) In clause first and clause sixthly of sub- section (1) of section 23 of the said Act, for the words "publication of the declaration relating thereto under section 6" and the words "publication of the declaration under section 6" shall be deemed to be substituted - 52 The Punjab Town Improvement Act, 1922, Section 103 (a) if the land is being acquired under sub-section (3) of section 32 of this Act the words "issue of the notice under sub-section (3) of section 32 of the Punjab Town Improvement Act, 1922," and (b) in any other case, the words "first publication of the notification under section 36 of the Punjab Town Improvement Act, 1922." (2) The fullstop at the end of sub-section (2) of section 23 of the said Act shall be deemed to be changed to a colon and the following proviso shall be deemed to be added :- "Provided that this sub-section shall not apply to any land acquired under the Punjab Town Improvement Act, 1922." (3) At the end of section 23 of the said Act, the following 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 loss may be paid to him; (c) if any person without the permission of the trust required by sub- section (1) of section 31 of the Punjab Town Improvement Act, 1922, has erected, re-erected, added to or altered any building or wall so as to make the same project beyond a street alignment or building line duly prescribed by the trust then any increase in the market- value resulting from such erection, re-erection, addition or alteration shall be disregarded; (d) if the market-value has been increased by means of any improve- ment 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 the Punjab Town Improvement Act, 1922; (e) if the market-value is specially high in consequence of the land be- ing 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 use; and (f) When the owner of the land or building has after the passing of the Punjab Town Improvement Act, 1922, and within two years preced- ing the date with reference to which the market-value is to be deter- mined, made a return under any enactment in force of the rent of the land or building, the rent of the land or building shall not in any case be deemed to be greater than the rent shown in the latest return so made, save as the Court may otherwise direct, and the market-value may be determined on the basis of such rent : The Punjab Town Improvement Act, 1922 Section 103 53 Provided that where any addition to, or improvement of, the land or building has been made after the date with reference to which the market-value is to be determined the Court may take into considera- tion any increase in the letting-value of the land due to such addition or improvement."