Schedule

[See sEcTiON 73 (a) } Modifications in the Land Acquisition Act (Travancore Act XI of 1089.) . 1. In clause (C—1) of section 3 of the Land Acquisition Act (Tra- vancore Act XI of 1089), hereinafter in this Schedule 1eferred to as “the said Act”, the following words and figures shall be deemed to be . inserted at the end, namely :— “and includes the Board of Trustees for the Improvement of the City of Trivandium, constituted under section 3 of the Trivandrum . City Imprevement Trust Act, 1960”, ! 2. (I) The first publication of a notice of an improvement scheme under section 47 of the Trivandrum City Improvement Trust Act, 1960, shall be substituted for and have the same effect as publication in the Gazette and in the locality of a notification under sub-section (1) , of section 4 of the said Act, except where a notification under sub- | section (1) of section 4 or a declaration under section 6 of the said Act has been previously made and is in force. (2) Subject to the provisions of paragraphs 6 and 7 of this Qhedule, the issue of a notice under clause (c) of sub-section (3) of section 40 of the Trivandrum City Improvement Trust Act, 1960, in the case of land ~ proposed to be acquired in pursuance of that clause, and in any other case the publication of a notification under section 53 of that Act shall be substituted for and have the same effect as a declaration under section 6 of the sad Act, except where a declaration under the last mentioned section has been previously made and is in force. 3 In section 14 of the said Act, for the word and figures “and 23”, the figures, word and letter “23 and 23A” shall be deemed to be sub- stituted. : 4. In sub-section (2) of section 17 of the said Act, after the word and figures “section 23”, the words, figures and letter “or section 23A™ shall be deemed to be mserted. | 5. After section 17 of the said Act, the following section shall be decmed to be inserted, namely :— “17A. Transfer of land to Board —In every case referred to in | section 16 or section 17, the District Collector shall, upon payment of i the cost of acquisition, make over charge of the land to the Board ; and the land shall thereupon vest in the Board, subject to the lability of the Board to pay any further costs which may be incurred on account of its acquisition”. 6. (1) In sub-section (I) of section 22 of the said Act, for clauses first and sixthly, the following clauses shall respectively be deemed to be i substituted, namely :— “first, the market value of the land— N (a) at the date of the issue of the notice under clause (b) of sub- section (3) of section 40 of the Trivandrum City Improvement Trust Act, 1960, in case the land is proposed to be acquired in pwisuance of that clause ; and . (b) at the date of the first publication of the notice under section 47 of that Act, in any other case ;” “sixthly, the damage (if any) bona fide resulting fiom diminution of the profits of the land between the date referred to in paragraph (a) or paragraph (b), as the case may be, of clause first, aud the date on which the District Collector takes possession of the land ;** (2) In the same section, sub-section (2) shall be omitted and in lieu thereof the following sub-section shall be deemed to have been substi- tuted, namely :— “(2) For the purposes of clause first of sub-section (1) of this section— (a) if the market value of the land has been increased or decreased owing to the land falling within or near to the alignment o1 a projected public street, so much of the increase or decicuse as may be due to such cause shall be disregarded ; (b) if any person, otherwise than in accordance with the provi- sions of this Act, erects, 1¢-crects, adds to, or alters any wall or building 50 as to make the same project into the street alignment or beyond the building linc prescribed by any scheme made under this Act, then, any increase in the market value resulting from such erection, re-crection, addition or alteration shall be disregarded.”. . "7. For clause seventhly of section 23 of the said Act, the following clause 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 . matket value is to be determined, unless such additions or hinprovements were necessary for the maintenance of any building in a oper state of repair”. 8. After section 23 of the said Act, the following section shall be deemed to be inserted, namely :— “923A. Further provisions for d:termining 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) When any interest in any land acquired under this Act has been required after the date with reference to which the market value 13 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 not in a reasonably good state of repair, the amount of compensation shall not exceed the sum which 94/4095 \ \ "the Court considais the building would be worth if it were put into a sanitary condition or Into a reasonably good state of repair, as the case may be, mmus the estimated cost of putting it into such condition or states (3) If, in thc opinion of the court, any building, which 1s used or intended or is likely to be used for human habitation, is not reasonably capable of being made fit for human habitation, the amount of com- pensation shall not cxcced the value of the materials of the building, minus the cost of demolishing the building.”. 9. After sectiun 34 of the said Act, the following section shall be deemed to be inserted, namely :— “34A. Compensation to be awarded when land not acquired within two years—(1) Where the District Collector has not made an award under section 11 in respect of any land within a period of two years from the date of the publication of the declaration under section 6 or of the issue of a notice under clause (c) of sub-section (3) of section 40 of the Trivandrum City Improvement Trust Act, 1960, or of the publication of a notification under section 53 of the Act, as the case may be, the owner of the land shall, unless he has been responsible for the delay to & material extent, be entitled to receive compensation for the damage suffered by him in consequence of the delay. (2) The provisions of Part III of this Act shall apply, so far as may be, to the determination of the compensation payable under this section.” . .