Apportionment of land value in cases of acquisition

(1) Where the land comprised in a holding is acquired under the law for the time being in force providing for the compulsory acquisition of land for public purposes, the compensation awarded under such law in respect of the land acquired shall be apportioned among the landowner, intermediaries, cultivating tenant and the kudikidappukaran in the manner specified in sub-sections (2) to (4). (2) The compensation for any building or other improvements shall be awarded to the person entitled to such building or other improvements. (3) The kudikidappukaran shall be entitled to ninety per cent of the value of the land occupied by his homestead or hut. (4) The balance remaining after making the payments referred to in sub-sections (2) and (3) shall be apportioned among the landowner, the intermediaries and the cultivating tenant in proportion to the profits derivable by them from the land acquired immediately before such acquisition. Explanation.—"Profits derivable from the land" shall be deemed to be equal to (i) in the case of a landowner, the rent which he was entitled to get from the tenant holding immediately under him; (ii) in the case of an intermediary, the difference between the rent which he was entitled to get from his tenant and the rent for which he was liable to his landlord; and (iii) in the case of a cultivating tenant, the difference between the net income and the rent payable by him; and the rent payable by the cultivating tenant and the intermediary for the purpose of this explanation shall be as calculated under the provisions of this Act. (5) Where the land acquired is comprised in the holding of a kudiyan as defined in the Travancore Jenmi and Kudiyan Act of 1071, or of a kanam tenant as defined in the Kanam Tenancy Act, 1955, the compensation amount to be apportioned under sub-sections (2) to (4) shall be the share of the kudiyan or the kanam tenant as ascertained under section 45 of the Travancore Jenmi and Kudiyan Act of 1071, or section 48 of the Kanam Tenancy Act, 1955, as the case may be.