Amendment of Section 23 of Act 1 of 1894.

The following shall be inserted as Section 32B : —32B. Amendment of Section 23 of the Land Acquisition Act, 1894 Purposes of I of 1894 Land Acquisition under this Act. When any land is compulsorily acquired for the purposes of the master Plan or a scheme under this Act, Section 23 of the Land Acquisition Act 1894 shall be substituted as hereinafter given namely 23. Matters to be considered in determining Compensation In determining the amount of compensation to be acquired for the land or any interest therein acquired under this Act, the Arbitrating Authority shall take into consideration of the following: (a) The market value of the land in question as laid down in Section 33, Sub-section (2) of the Nagaland Town and Country Planning Act 1966. (b) The use to which the land was put on the date of publication of the notification under Section 32 of the Nagaland Town and Country Planning Act 1966. (c) 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. (d) The damage, if any, sustained by the person interested at the time of the possession being taken from him by reason of severing such land from his oher land. (e) The damage, if any, sustained by the person interested at the time of the possession being taken from him ol the land by reason of the acquisition injuriously affecting his other property movable or immovable in any other manner or his earnings. (f) If, in consequence of the acquisition of land, the person interested is compelled to change his residence or place of business, the reasonable expenses, if any, incidental to such change. Explanation : The market value shall be as indicated in Section 33, Sub-section (2) of the Nagaland Town and Country Planning Act 1966. (i) The market value, in the absence of any land Revenue Records that effect shall be assessed by a Revenue Official of the rank of the Sub-divisional Officer or the Additional Deputy Commissioner, who for the purposes of this Act shall be called the Assessing Authority for land acquisition. (ii) The Assessing Authority shall assess value of the land to be acquired and shall communicate his decision in writing to the owner. (iii) lf the owner is not satisfied with the assessment, he may file an appeal within thirty days after receiving the communication to the Deputy Commissioner who for the purpose of this Act shall be called the Arbitrating Authority. The decision of the Arbitrating Authority in this regard shall be final and binding on both parties. (iv) Every Assessing Authority for Land Acquisition shall maintain a Register showing all land assessments done to-date. Such a Register shall furnish information of each plot of land regarding location, boundaries, dimensions, area, accessibility, use at the time of assessment and any other relevant factor.