Amendments to the Land Acquisition Act, 1894 (1 of 1894)

(See sections 28 (2) and 30)

Amendments to the Land Acquisition Act, 1894 (1 of 1894).

Amendments of the section 23 of Act 1 of 1894: - 1. For section 23 of the Land Acquisition Act, 1894, the following shall be substituted, namely:

“23 Matters to be considered in determining compensation: In determining the amount of compensation to be awarded for the land or any interest therein acquired under this Act, the following matters shall be taken into consideration. (1) the market value at the date of the publication of the declaration under section 15 of the Nagaland Highways Act, 1966; (2) the use to which the land was put at the date of such declaration; (3) the damage sustained by the person interested by reason of the taking of any standing crops or trees which may be on the land at the time when the possession was taken from him; (4) the damage (if any) sustained by the person interested at the time of possession being taken from him by reason of severing such land from his other land; (5) the damage (if any) sustained by the person interested at the time of the possession being taken from him of the land by reason of the acquisition injurious affecting his other property, movable or immovable in any other manner or his earnings; (6) if in consequence of the acquisition of the land, the person interested is compelled to change his residence, or place of business, the reasonable expenses, if any, incidental to such change.” Amendment of section 24 of Act 1 of 1894. – 2. For section 24 of the Land Acquisition Act, 1894, the following shall be substituted, namely; - “Matters to be neglected in determining compensation. – 24. But the Court shall not take into consideration the following matters; - (1) the degree of urgency which has led to the acquisition; (2) any disinclination of the person interested to part with the land acquired; (3) any damage sustained by him which, if caused by private person would not render such person liable to a suit; (4) any damage which is likely to be caused to the land acquired after the date of the publication of the declaration under section 15 of the Nagaland Highways Act, 1966 by or in consequence of the use of which it will put; (5) any increase to the value of the land acquired likely to accrue from the use to which it will be put when acquired; (6) any increase to the value of the land of the person interested likely to accrue from the use of which the land acquired will be put; (7) any outlay or improvements on, or for disposal of the land acquired commenced, made or effect without the sanctioned of the Highway Authority after the date of the publication of the declaration under section 15 of the Nagaland Highways Act, 1966; (8) the special suitability or adaptability of the land for any purpose if the at purpose is a purpose to which it could be applied in pursuance of any law or for which there is no market apart from the special needs of the Highway Authority; (9) any increase in the value of the land by reason of the use thereof or any premises thereon in manner which could be restrained by any court, or is contrary to law or is detrimental to the health of the inmates of the premises or to the public health”.