Schedule

(Referred to in section 59) Further modifications in the Land Acquisition Act, 1894, hereinafter called "the said Act". 1. Amendment of section 3. - After clause (e) of section 3 of the said Act the following shall be deemed to be inserted, namely :- "(ee) the expression, "local authority" includes a trust constituted under the Punjab Town Improvement Act, 1922." 2. Upto Slip No. under section 4 and declaration under section 6 to be re- placed by notification under sections 36 and 42 of this Act. - (1) The first publication of a notice of any improvement scheme under section 36 of this Act shall be substituted for and have the same effect as publication in the 2[Official Gazette] and in the locality of a notification under sub-section (1) of section 4 of the said Act, except where a declaration under section 4 or section 6 of the said Act has previously been made and is still in force. (2) Subject to the provisions of clauses 10 and 11 of this Schedule, the issue of a notice under sub-section (1) of section 32 in the case of land acquired under that sub-section, and in any other case the publication of a notification under section 42 shall be substituted for and have the same effect as a declaration by the State Government under section 6 of the said Act, unless a declaration under the last mentioned section has previously been made and is still in force. 3. Amendment of section 11. - The fullstop at the end of clause 11 of the said Act shall be deemed to be changed to a semi-colon, and the following shall be deemed to be added, namely :- "and "(iv) the costs which, in his opinion, should be allowed to any person who 1. Substituted by Punjab Act No. 16 of 1981. 2. Substituted for the word "Gazette" by the Government of India (Adaptation of Indian Laws) Order, 1937. is found to be entitled to compensation, and who is not entitled to receive the additional sum of fifteen per centum mentioned in sub-section (2) of The Punjab Town Improvement Act, 1922 Section 10351 section 23, as having been actually and reasonably incurred by such per- son in preparing his claim and putting his case before the Collector, "The Collector may disallow, wholly or in part, costs incurred by any person if he considers that the claim made by such person for compensation is extravagant." 4. Amendment of section 15. - In section 15 of the said Act, for the word and figures "and 24" the figures, word and letter "24 and 24-A" preceded by a coma, shall be deemed to be substituted. 5. Amendment of section 17. - (1) In sub-section (3) of section 17 of the said Act after the figure "24" the words, figures and letter "or section 24-A" shall be deemed to be inserted. (2) To the said section 17 of the following shall be deemed to be added, namely:- "(4) Sub-sections (1) and (3) shall apply also to any area certified to be un- healthy by any Magistrate of the first class. (5) Before granting any such certificate, the Magistrate shall cause notice to be served as promptly as may be on the persons referred to in sub- section (3) of section 9, and shall hear without any avoidable delay any objec- tions which may be urged by them. (6) When proceedings have been taken under this section for the acquisition of any land, and any person sustains damage in consequence of being suddenly dispossessed of such land, compensation shall be paid to such person for such dispossession." 6. Transfer of land to trust. - After section 17 of the said Act the following shall be deemed to be inserted, namely :- "17-A. In every case referred to in section 16 or section 17, the Collector shall, upon payment of the cost of acquisition, make over charge of the land to the trust; and the land shall thereupon vest in the trust subject to the liability of the trust to pay any further costs which may be incurred on account of its acquisition." 7. Amendment of section 18. - The fullstop at the end of sub-section (1) of sec- tion 18 of the said Act shall be deemed to be changed to a comma, and the words "or the amount of the costs allowed" shall be deemed to be added. 8. Amendment of section 19. - After the words "amount of compensation," in clause (c) of section 19 of the said Act, the words "and of costs (if any)" shall be deemed to be inserted. 9. Amendment of section 20. - After the words "amount of the compensation," in clause (e) of section 20 of said Act, the words "or costs" shall be deemed to be inserted. 10. 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 10353 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." 11. Amendment of section 24. - For clause seventhly of section 24 of the said Act, the following 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 market-value is to be determined, unless such additions or improvements were necessary for the maintenance of any building in a proper state of repair." 12. Further provision for determining compensation. - After section 24 of the said Act the following shall be deemed to be inserted, namely :- "24-A. In determining the amount of compensation to be awarded for any land acquired for the trust under this Act, the tribunal shall also have re- gard to the following provisions, namely :- (a) When any interest in any land acquired under this Act has been ac- quired after the date with reference to which the market-value is 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. (b) If, in the opinion of the tribunal, 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 for such building shall not ex- ceed the sum which the tribunal considers 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, minus the estimated cost of putting it into such condition or state. (c) If, in the opinion of the tribunal, any building which is used or is in- tended 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 for such building shall not exceed the value of the materi- als of the building, minus the cost of demolishing the building. 13. Amendment of section 31. - (1) After the words "the compensation" in sub-section (1) of section 31 of the said Act and after the words "the amount of compensation" in sub-section (2) of that section, the words "and cost (if any)" shall be deemed to be inserted. (2) After the words "any compensation" in the concluding proviso to sub- sec- tion (2) of section 31 of the said Act, the words "or cost" shall be deemed to be inserted. 14. Insertion of section 48-A. - After section 48 of the said Act, the following shall be deemed to be inserted, namely :- "48-A. Compensation to be awarded when land not acquired within one year. - (1) If within a period of one year, from the date of the publication of the declaration under section 6 in respect of any land, the Collector has 54 The Punjab Town Improvement Act, 1922, Section 103 not made an award under section 11 with respect to such land, the owner of the land shall, unless he has been to a material extent responsible for the delay, 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." 15. Amendment of section 49. - After sub-section (1) of section 49 of the said Act, the following shall be deemed to be inserted, namely :- "Explanation. - For the purpose of this sub-section land which is held with and attached to a house and is reasonably required for the enjoyment and use of the house, shall be deemed to be part of the house." ----------------- The Punjab Town Improvement Act, 1922 55