Kerala act 021 of 1962 : The Kerala Land Acquisition Act, 1961 (No.21 of 1962)

IJ\ l23

ACT 11 OF 1962

THE KERALA LAND

ACQUISITION

ACT,

1961

Conn-nus Preamble Sections.

PART ^I

PrelImmary

1.

Short

title,

extent and commencement.

2.

Definitions.

PART 11

ACQUISITION

Prelim/mg Investtgatt'on

3. Publicauon of

preliminary

notification

and

powers of

officers thereupon.

4.

Payment

for

damages.

5.

Hearing

of

objections. Dalmatian

qf

Intended

Acqumtton

6. Declaration that land is

required

for

public purpose.

7. After declaration

the

Collector to take order for

acquIsition.

8. Lands to be

marked out, measured

and

planned.

9. Notice to

persons interested.

10. Power to

require

and enforce the

making

of statements as to names and interests. Enqutry ^tnta

Memurementr,

Value^and

Clazmr, ^and

Award by ^the

Collector

11.

Enquiry ^andaward

by

Collector.

12. Award ^of

Collector ^whento

be final.

13.

Adjournment ^of

enquiry.

14. Power to summon and enforce attendance of witnesses and production ^ofdocuments.

15.

Matters

to

be considered and

neglected.

16. Award in case of agreement ^astotheamount of

Compensation

17.

Valuation

statement to be

approved

by superior authority. Taktng

Possession

18. Power ^to

take

possession. l9.

Specxal powers in cases where land is needed

urgently.

Sultans.

20.

2I .

22.

23.

24.

25.

26.

27.

28.

29.

30.

salion

31.

32.

33.

35

36.

37.

38.

39.

40.

41.

l24

PART III

kcfneucz ^toCowland

procedure

[hereon Reference ^[0Court. Collector's statement ^to

the Court. Servnce ^ofnouce. Restriclmn on

scope

ol

pxoccedmga. Proceedings ^tobeinopenCouxl. Manexs to be consndexed m

detclmnnng

compensation. Matters ^tobe

neglected ^In

determining

Ccmpmbnhon Rules ^astoamount of

compensauon, Folm ^of

awards. Costs. Collector may be dlrthcd to

pay interest ^onexces:

compen- I'ART ^IV Appammzmmt of comptrualmn Pamculms ^of

appontmnmenl ^{lo be}

speclhed. Dlapnlc ^a:to

apporuonmem.

PART ^V

Payment Payment ^of

compensation ^or

deposit ^{oflllCsamemCOL"l.} Investment of money deposited

m

respect

ol

lands

belongmg to

persons incompetent

to

alienate. Investment of money deposxlcd ^In

olhcn cases. Payment ^of

Interest.

PART VI

Tun/mar) occupation

of ^[and Tcmpoxm ^yoccupanon ^{of landand}

payment ^of

compensallons Powel ^tommand take possession and

compensauon

on restoration. Difference ^as

to condition

Orland.

PART VII

Acqumlzmz

of [and/hr ram/tamer Company ^maybeauthorised^tocumand

suxvcy. ludustnal concern to be

deemed company for celtdm purposes.

.~(.

A_.»-»—

2

{1' Swims.

42.

43.

44.

45.

46

47

45".

3

126

ACT 21 OF

1962*

THE

KERALA LAND

ACQUISITION

ACT, ¹⁹⁶¹

An Ail to

unify

and amend ^thelaw

for atquiritimi ^of

[and

for public purpnm' ⁱⁿ I'll

Stale

anemla Prean:ble.-WHERr~:As it is

expedient

to

unify

and amend

the law for the

acquisnion

of land needed for

public

purposes and for determin- ing ^theamount^of

compensation ^tobegiven ^onaccount^{of such} acquismon ^inthe

State ^ofKcrala^, BE it

enacted

in the Twelfth Year of

the

Republic

of

India^as follows :— Part I

PRELIMINARY

1. Short

1111:,

extent and

commencementafl)

This Act may be called the

Kerala

Land

Acquisition

Act,

1961i

(2) ^Itextends^tothewhole^oftheState^ofKcrala. -

(3)

Itshall^comeintoforce ^{onsuch date asthe}

Government may, by

notification in the

Gazette,

appoint.

2.

Definitions.—-In

this

Act,

unless the context otherwise requires,—

(1)

'land' includes benefits ^to

aiise^outoflandand

things attached ^totheearth^or permanently

fastened ^to

anything

attached ^to the

earth;

(2) 'pcrson

interested '

includes ^allpersons claiming ^or

entitled to claim an interest

in

compensation

payable ^onaccount of the

acquisi- tion of

land under this

Act;

and a

person shall be deemed to be inteiesled ^{in landifheis}

interested ^inaneasement

affecting

the land ;

(3)

'

Collector '

means the Collector

of the district and includes any officer

appointed

by

the Government ^to

perform

the functions ofa Collector under this Act ;

(4)

'

company '

means a

company

as defined in section

3 of

the Companies ^{Act, 1956}

(Central ^Act1of

1956) ^andincludes^a

foreign company within

the meaning ofsection 591 ofthat

Act, ^a

society ^re- gistered

under^theSocieties

Registration ^{Act, 1860}

(Central ^Act21of 1860) ^asin

force ^{in the}Malabar district referred^toin

sub-section

(2)

of

section ^'3

of

the

States

Reorganisation

Act,

1956 or under the Tra- vancore-Cochin

Literary,

Seicntifie

and Charitable Societies

Registra- lion

Act,

1955

(Act

XII of

1955)

and a

registered

society

within thef

meaning of the

Co-opeiative

Societies Act for the time

being In

orce, *

Received the assent oli—the President on the Slst

day

ofAugust 1962 and

published

in

the Gazette

Extraordinary,

dated

the 6th September

1952.

'7:

\

'i

I

IN

(5)

'

Cour t' means

a

Land

Acquisition

Court

established,

or

any eivil couit

invested with the

jurisdiction

ofa

Land

Acquismon

Court, under section

58;

(6)

'

Government' means, in relation to the

acquisnion

of land for the purposes of the

Union,

the Central

Government, and,

In relation to

the

achisition

of land for any other

purposes, the State Government

,

(7) ^the

following persons

shall^bedeemed

'persons

entitled^to act

'

as and to the extent hereinafter pi ovided,

that is to

say— (a)

trustees^forother persons benefiCially

interested shall^be deemed to

be the persons entitled to act with reference to

any such case, and that to the same

extent as the persons beneficially

interested

could have

acted,

if

free

from

disability

; and

(b) ^the

guardians ^ofminors^{and the}managers^of

lunatlcs^oi- idiots shall be deemed

respectively

the persons

so entitled to

act,

to the same extent as

the

minors,

lunatics or idiots

themselves,

if free from disability,could ^haveacted^:

Provrdcd that—

(1) ^no

person

shall^bedeemed '

entitled to act '

whose interest in the

subject-matter

shall be shown to the satisfaction of the Collector or

Court

to

be

adverse to the interest of

the person interested for

whom he would otherwise be entitled

to act

; (ti) ⁱⁿevery^{such case the}person interested may appear by a next

friend, or, in default of

his

appearance bya

next

friend,

the Collector or

Court,

as the case

may he,

shall

appoint

a

guardian

for

the case to act on

his

hehalfin the conduct

thereof; (in) ^the

provisions ^of

Order

XXXII^oftheFirst Schedule^to the Code of

Civil

Procedure, 1908,

shall multili:

mutandii,

apply

in the case of persons interested

appearing

before a Collector or Court

by a next

friend,

or

by

a

guardian

for the case in

proceedings

under this Act; ^and (in) ^no

person '

entitled

to

act '

shall ^be

competent ^toreceive the

compensation money, payable ^to

the person ^for

whom he is

entitled to

act, unless

he would

have been

Competent ^to

alienate

the land and receive and

give

a

good discharge

for the

purchase-money ^ona voluntary

sale. Part ^II

ACQUISITION

Pneuninnv Invesrion'rion 3i Publllflliml

(y'fiwlimmmy nolzftmlmn

and

power:

of

Jim:

there- u/wn.-(l)

Whenever^itappears ^totheGovernment^ortothe

Collector that land ^In

any locality

within^theState^ofKcrala^orwithin^the

juris- diction of the

Collector,

as the^case

may be,

is

needed^or

is

likely ^to

he needed for any public purpose, ^anotification^to

that

effect shall

be published ^Inthe

Ga7etle, ^andtheCollectOi shall cause

public

notice^of the substance of such notification ^tobe

given ^atconvenient

places ⁱⁿ the

said

locality. ^.

5

l28

(2)

Thcrcupon, ^rt

shall^helanful ^forany olficer

erther'gcnerally or

specially

authorised

b)

the Government or the

Collector turd

for his servants and

workmen,—

(a) ^toenter

upon^andsurvey^andtake

levels ^of

any^{land in} such

locality

,

(b) ^to

dig ^{or horcmmthe}sub-sari^,

(c) ^{tosetout the}

boundaries ofthe^land

proposed ^tobetaken and ^therrrtcndcd line ^of

the

\mrk.

rl'any, proposed

to be

made

thereon,

(d) ^{tomark such}

levels,

boundar^{resand line}

by

placing marks and

cutting

trenches ;

(e) ^{\\ here}

other^{u rsethe}survey

cannot^be

completed ^andthe levels taken and the boundaries and ^hue

marked to cut down and clear away any

part

of an)

standing crop.

fence

orjungle ^:and

(f) ^todoall

other^acts

necessary ^toascertarn whether ^the land ^is

adapted ^forsuch

purpose ^; Provided that ^no

person shall enter rnto

any

buildrng

or

upon any enclosed

court^or

garden

attached^toa

dwelling

house

(unless ^withthe consent of the

occupier thereof)

without

pewiously giving

such

occupier at least seven

days,

notice

in

writing

of hrs intention to do so.

4.

Pajmentfir dumage:.—The

officer so

authorised

shall,

at the time ^of

such

entry, pay ^or

tender

payment

for any damage

which may be done

by

the

acts

aforesaid,

and,

in case of

dispute

as to

the

suffici- ency of the amount^so

paid ^or

tendered,

he shall ^atonce

refer the dis- pute ^tothedecisron nfthe

Collector,

and

such

decisron shall^befinal.

5.

Hearing ofoll]uliafl:.—(l)

Any person interested

in any land which has been notified under sub-section

(1) ^ofsection³as

being needed or

likely ^to

be needed {or a

publrc purpose

may wrthin

thirty days

after^theissue^ofthe

notification,

object ^{to the}

acqursitron ^ofthe land or of any land ⁱⁿ

the

locality, ^asthecase

may

be.

(2) Every objection

under sub-section

(1)

shall ^bemadetothe Collector in

wrrtrng

and the Collector shall

give ^the

objector

an opportunity ^of

being

heard

either ⁱⁿ

person ^or

by

counsel^and

shall, after

hearing

all such

ObjtcllOnS

and after

making

such further

enquiry, rfany, ^ashe

thinks necessary, submit ^theCasey'—

(1)

where^the

preliminary

notification under

sub-section

(l) of section 3 was

published by

the

Government,

to the Government , (n)

where^the

preliminary

notificatron under subsection

(1) ^of section ³was

published by

himself, ^to

the Board of Revenue

[or ^the

elect ^runofthe

Government ^{or the}Board of

Revenue, ^as

the case may be,

together ^wrththe

record^ofthe

proceedings

held

by

hrm^anda report contarnrng ^his

recornmendatrom^onthe

objections 'I'hc decrsron of the

Government or the Board of

Revenue,

as the case

may be,

shall

be

final. _ ___

__

_

__s

,_

__.

___..e..__ _

._'_

_.-._/

{4"

129

DECLARATION or iNTcNDLU

ACQUISITION

Ci. Dalmatian^that

[and ^U

reqmredfor public [impose—(l) Subject to the

prowsions

of Part VII of this

Act,

when

the Government^orthe Board ^ofRevenue^aleoris

satisfied aftei

considering ^the

iepoit ^made by ^theCollector

under sub-section

(2) ^ofsection^5thatany particular land is ncedetl for a

public puiposc,

a declaration

shall

be made ^tothat effect under the

Signature ^ofan oflicer

competent

to authenticate the orders of ^the

Government or^theBoard

of

Revenue, ^as

the ^case

may^be

(2) ^Thedeclaration

shall ^be

published ^inthe

Gazette ^and

shall state the

district,

taluk

and

Village ⁱⁿ

which the land^is

situate,

the purpose for

which^itis

needed, ^it:

approxn—nate

area, and,

where^a

plan shall have been ^madeof

the

'land,

the

place

where such

plan may

be. inspected.

7.

Aflei

deal/(rattan ^the

Cellular ^[u

[aka

arderfwacquisition.—Whenever any land shall

have been^sodeclared

by

the

Government ^orthe Board of

Revenue

to he needed for a

public purpose, the Government

or the Board of

Revenue, ^as

the case

may he,

shall

direct ^the

Collecter ^to

take order for the

acquisition

of the land.

8. Land: ^tob:

marked

out,

measured and

planned—The

Collector shall thereupon

cause^{the land}

(unless ^ithas

already ^beenmaiked^outunder section

3) ^to

be marked^out.Heshall^alsocause^{it to}be measured and if^no

plan ^has

been^madethereofa

plan ^to

be made ofthe same.

9. Name to

person: mlererled.—( l)

The

Collector

shall then cause public

notice^tobegiven ^atconvenient

places ^{onornearthelandIo} be

taken, stating ^{that the}Government intend^totake possesswn of the land and that claims^to

compensation

for all interests^In

such land may be made^tohim. '

(2) ^Suchnotice

shall state^the

particulars

ofthe^landso

needed and shall ^reUireall persons interestedⁱⁿthe^landto

appear personally or

by agent

efore the Collector

at^a

time and

place

theicin mentioned (such ^timenot

being

earlier^thanfifteen ^days

after^thedateof

publi- cation of the

notice),

and^tostate the nature of their

respective

interests in

the land ^and

the amount and

particulars

of their

claims

to

compen- sation for

such interests, and their

objections,

if any, ^to

the measure- ments made under section 8. The

Collector may ⁱⁿ

any ^case

require such

statement^{tobemade In}

writing ^and

Signed

by

the

party ^orhis agent.

(3) ^TheCollector shall^alsoserve notice^tothesameeffect^on the occupier,^Ifany,^ofsuchland ^andonallsuch persons

known^or believed ^tobeInterested

therein, ^ortobe

entitled ^toactfor

persons ^so interested, ^asreside ^{or have}

agents

authorised ^toreceive

serum:^on

their behalf,

Within^therevenue districtⁱⁿwhich ^thelandIssituate.

(4) ^{Incase any}person ^sointerested re5idcs

elsewhere, ^andhas no such

agent,

the notice shall

be sent to him

by registered post

in^a letter addressed to him ^athislastknown

iesidcnce,

address ^or

place

of business. 3/40—9

7

130

(5) ^Thenotice shall^alsobe

published ^intheGazette ^andshall be

deemed

to

be sulficient notice to all persons interested

in the land

as between the Government and such persons. l0. Power to

require and

ery'am

the

making of

:latnnmlr a: la name: and in!eml.r.—(l) ^TheCollector may require any^suchperson ^tomakeor deliver to him at

a time and

place

mentioned

(such

time not

being earlier than

fifteen

days

after the date ofthe

requisition)

a statement containing, ^sofaras

may^be

practicable, ^thenameofevery other person possessing any interest ^inthe

land, ^or

any

part thereof, ^as

co-proprietor, sub—proprietor, mortgagee,

tenant ^or

otlierWise, ^{andof the}nature^of such

interest,

and

of the rents and

profits,

if any, received or receivable on account thereof

for

three years

next

preceding

the date

of the statement. '

(2) Every person

required ^{to make or}deliver^astatement under this section or

section ⁹

shall be

deemed to

be

legally

bound to^{do so} within the meaning

of sections 175 and "6 at" the Indian Penal Code.

ENQUIRY ^INTO

MEASUREMENTS,

VALUE^ANDCLAIMS^AND

AWARD

BY THE

COLLECTOR

ll.

Enquiry ^andaward

by

Coll:£tor.—On ^the

clay ^so

fixsd, ^oron

any other

day ^to

which^theenquiry^hasbeen

adjourned, ^theCollector

shall proceed ^to

enquire ^{into the}

objections, ^ifany,which^anyperson interested ^hasstated

pursuant ^toa

notice

given

under section ^9tothe measurements made under section

8,

and^intothe value of the land ^at the date of the

publication

of the notification under sub-section

(l) ^of section

3,

and

into

the

respective

interest of ^the

persons claiming

the compensation, ^andshall^makeanaward

under ^hishand0L-

(i) ^{thetrue area oftheland;} (ti) ^the

compensation

which^inhis

opinion

shall^beallowed^for the land ; and

(m) ^the

apgortionment of the said

compensation

among^all

the persons

known^orelieved ^to

be

interested ^inthe

land, ^of

whom, ^orof whose

claims,

he has

information,

whether or^not

they ^have

respectively appeared

before^him._

12.

AwardafCo/leuar

when

to

bcfmal.—(l)

Such

award shall be filed in ^the

Collector's office and

shall, except ^ashcreinaftcr

prowded, be final ^and

conclusive

evidence, ^as

between ^the

Collector

and ^the persons interested,

whether

they

have

respectively appeared

before

the Collector or

not, of ^thetrueaxes».^and

value of ^the

land,

and the appor- tionment of the

compensation

among the persons interested.

(2) ^TheCollector

shall ^give

immediate notice ^ofhisaward^to such of the persons interested as^arenot

present personally ^or

by

their representatives ^whentheaward^ismade. l3.

Adjournment 41f Inquirj.~The

Collectm may, [or any

cause he thinks

fit, ^fromtime ^to

time

adjourn ^the

enquiry ^toa

day ^tobefixed by ^him.

14. Power to

summon and

"fire:

auutdanre

of

Wllnfl'ItJ' and

prudurlmn iy'docamenlr.—-For ^the

purpose ^of

enquiries

under^thisActthe

Collector _._

__.

-_

.

\,__~..~_._...g.__

'4

131

shall ^havepower ^tosummon^and

enforce the attendance of

witnesses, including ^the

parties

interested ^or

any^of

them, ^andto

compel ^the production ^of

documents

by ^thesame

means,^andsofaras

may^{be, in} the same

manner,

as is

provided

in

the case of a Civil Court under

the Code of Civil

Procedure,

1908.

15.

Matters^tobe[unridrnd^arid

neglected—In

determining ^the amount of

compensation,

the

Collector

shall be

guided

by

the

provisions contained ⁱⁿ

sections 25 and 26.

16,

Awardⁱⁿcan

if agreement

asⁱⁿ

the

amounlafmmpmatmn.—(l) ^If the

Collector and all the persons interested agree

as to the amount of compensation ^tobe

allowed, ^the

Collector shall^makeanaward under his hand {or the same.

(2) ^Suchaward shall^be

filed inithe Collector's

office^andshall be

conclusive

evidence,

as

between the

Government

and

all

persons interested, ^{of the}value^{ofthelandand the}amount^of

compensation allowed ^forthe same.

17.

Valuation statement to be

approved by .mpnior authority—No

award shall be made

by

the

Collector under section 11 or

section

16 unless

the valuation statement

prepared

in

such manner as

may be

prescribed

by rules is

approved,—

(1)

whcre^the

Collector

making ^theaward ^{is not the}District Collector,

by ^theDistrict Collector ;^and (u)

where ^theCollector

making ^theaward ^istheDistrict Collector,

by ^theBoard^of

Revenue. TAKXNG Possesswti

181

Pow"

to

take

panmian.——When

the

Collector

has made an award under section 11 or

section

16,

he may take

possession

of the

land, which shall

thereupon

vest

absolutely

in the

Government,

free from all encumbrances.

19.

Special pawn:

m

cam whm

land

is needed

urgently—(1)

In case:

of urgency, whenever^theGovernment or the District

Collector,

{or reasons to be recorded in

writing,

so

direct,

or

directs,

the Collector may, ^onthe

expiration

of

fifteen

days

from the

publication

of the notice mentioned in

sub-section

(1)

ofsection

9,

take

possession

of any land needed for a

public purpose though

no award has been made. Such land shall

thereupon

vest

absolutely

in

the

Government,

free from all encumbrances ^:

Provided ^thatthe

Collector shall ^not

take

possession ^ofany building or

part

ofa

building

under this sub-section without

givmg

to

the

OCCUpicr thereof ^at

least

three

days'

notice^ofhis

intention so to

do, ^or

such longer

notice^as

may^be

reasonably

sufficient ^to

enable^such

occupier ^to remove his movable

property from such

building

Without unnecessary inconvenience.

(2) ^In

every ^caseunder sub-section

(1), ^the

Collector

shall, ^atthe time ^of

taking possession,

offer to the

persons interested

compensation for ^the

standing crops and trees, if any,

on such land and for any other 3/40—92

l32 damage

sustained

by ^them

caused

h) ^surhsudden

tlispnssession ^nnrlnot excepted ⁱⁿ

section ^{26, and, in casesuch}oflci^l§not

accepted, ^the value of

such crops and'tiees and

the amount^0!

such other

damage shall he allowed

forⁱⁿ

awarding compensation

for the land under the piovmnns herein contained

(3) ^Inevery ^caseunder

sub-section ^{(1), the}

Collector may, ^nna request ⁱⁿ

wtiting by ^{all the}

parties

interested^andon

finmsluiig suflieient security,

alter^suchsummary

enquiry ^ashemay think^fitto institute and after

satisfying

himself that the

patties ^arela"

fully

entitled to receive the

compensation), pay

a sum not

exceeding fifty per

cent of the

pmhahle compensation

that may he

finally

awarded in

iespt-ct ^nl sitcl'

acquisnion, pioVided

that no

payment

shall bc

made \\ht:ie theie is

a

dispute

as

regaids

the

person entitled

to the

compensation

The ad\auce

compensation paid

uiidei

this

sub-section

shall

he

athusted touards the final

compensation payable

under ^the

awaid.

(4) ^Inthecaseofany^{land to}

which, ^{in the}

opinion

ortlie Government or^theDistrict

Collectot, ^the

prowsions ^ofsub-section

(l) at:

applicable,

the

Government ^orthe District

Collector,

as the case may be, may direct

that

thelprowsions

of section 5 shall^not

apply,

and, iftliey ^{OI he so}diiect^or

directs, ^a

declaration

maybcmadc

undei section 6 in

iespect

of

the land

at

any

time after the

publication

of the notification under sub-section

(1)

of section 3. _ Part ^III

REFERENCE ^TO

COURT AND PROCEDURE THEREON

20.

Rtftmiu

to

Cauvl.——(l)

Any person interested who has not accepted ^theaward may, by

written

application ^tothe

Collector,

iequite that

the

matter be referred

by

the Collector for

the

detei initiation of the Court. whether his

objection

be to the measuiement

of the

land,

the amount of the

compensation,

the person

to whom it is

payable,

at the appomonmcnt ^ofthe

campensation among^thepersons interested.

(2) ^The

application

shall

state^the

grounds ^onwhich

objection to

the award

is taken :

Ptovtded that every such

application

shall he made—

(a) ^{l[ the}person making ^itwas

present ^or

represented

before ^the Collector ^at

the ^timewhenhe

made ^his

award,

\Vllhln ^six

weeks ^from the (late of

the Collector's

auard ,

(b) ⁱⁿother cases, \xilhin^sixweeks^ofthe

receipt ^ofthenotice ft om the

Colleemi

under

sub-section

(2)

of section 12 or Within six monthsJZrom ^thedateofthe

Collector's

award,

\iliicheyer

period

shall first expire. 2]. Calletlay': rlultmml in the

Cuwl.——(l) ^In

makin the

iefmence, the

Collector

shall state {or the

information of the cult,

in

\x'iiting under ^his

hand,—

(a) ^thesituation^andextent

ofthe^land

trith

particmais ^ofany trees,

bmlchngs ^or

standing crops thereon , ~r

_J

I33

_

(b) ^thenames^ofthe

persons

\ihom^hehasieason^tothink iniCicstcd ⁱⁿ

such land ,

(5) ^theamount

awarded ^for

damages ^{and paid or}tendered ^un. der sections 4 and 19 or either of

them,

and the amount of

compensation awarded under section ll , and (d)

ifthe

objection ^betotheamount^ofthe

compensation, ^tlic giounds ^onwhich^theamount^ofcompensation ^wasdetermined

(2) ^Tothesaidstatement shall^beattached^aschedule givmg ^the particulars ^{of the}notices served upon,^andofthestatements ⁱⁿ

writing made or delivered

by,

the names interested

tcspectively.

22.

Sen/1c:

ofiwt'tw

vThe Couit shall

theieupon

cause a notice specifying ^the

day ^onwhich ^the

Court^wtll

proceed ^todetermine ^the ObJCCUOn, ^and

directing

their

appeaianee before ^theCourt^onthat

day, to be served on the

followmg persons, namely

:—

(a) ^the

applicant ^;

(b) ^allpersons

interested ^inthe

ohjection.

except such, ^ifany,^of them as

have

consented Without

protest

to receive payment of

the com- pensation

awaided^,and

(t) ^ifthe

objection ^isin

iegard ^{totheareaof thelandortothe} amount of the

compensation,

the Collector. '

23. Restriction ^on

scape afpmeedingL—The scope of

the enquiry ⁱⁿ every stich

proceedings

shall

be testricted ^toaconsideration

of the intet'esu of

the peisons affected

by

the

0l)JCClIOlL

24.

Proceedmgi

M

be at

open {awh—EVCI)'

such

proceedings

shall take

place

in

open Court and all persons entitled ^to

practise ⁱⁿ

any Civil Court ⁱⁿ

the State shall be entitled to

appcai, plead

and act, ^as the case

may be,

in such

proceedings.

25.

[Walters

in

be carixtdeiad zii

delmmmwg [Olflflllialloflt—(I)

In determining ^theamount^of

compensation ^tobeamended ^forland acquired

under ^{this Act, the}Court shall^takeintoconsideration— first, ^themarket value^{olthelandatthedate}ofthe

publication of

the notification

under sub-section

(1)

of section

3,

scantily, ^the

damage

sustained

by ^thepoison interested,^by reason of the

taking

of any standing

ci

ops

or trees which may he^onthe land ^at

the ^time

ofthe Collector's

taking possesnon thereof; thzrdly, ^the

damage, ^ifany, sustained

by ^the

peiaon interested, at the time of the

Collector's

taking possession of the

land,

by

reason of severing ^{suchlandfromhis}other^[and; fourth/y, ^the

damage,

ifany,

sustained

by ^thepelson inteiested, at the time of the CollectOi's

taking possession ofthc

land,

by

reason of the

flCqUISIIOIHnJUHOUSly all'ecting

his othei

pl'DpCll)', movable ^orimmo- vable, ⁱⁿ

any

othei manner, ^oihiseaimngs ^; ft/lhlj, ^{if, in}

I34

place ^of

business, ^thereasonable expenses,^ifany, incidental ^tosuch change; ^and

sixlhb, ^the

damage, ^ifany, banafi'dz resulting ^from

diminution of ^the

profits

of

the ^land

between the

time

of

the

publication

of ^the declaration under section 6 and the time of the Collectox's

taking possession ^oftheland.

(2) ^In

addition ^{to the}market value^ofthelandasabove

provi- ded, ^theCourt shall ⁱⁿevery ^caseaward ^asumoffifteen per

centum ^on such

market

value in consideration of the

compulsory

nature of ^the noqutsttion; '26. Mailers to be

negllmd

in

determining

campmmtion.—But

the court shall ^nottakeintoconSideration— '

first, ^the

degree ^ofurgency which^{hasled tothe}

acquisition ^; secondly, any disinclination^oftheperson interested ^{to part With} the land

acquired. Ihtrdlj, any damage

sustained

by ^him

which, ^ifcaused

by ^a private

person, would^not

render ^suchperson liable ^toasuit; fourllil}, any damage

which ^is

likely ^tobecaused ^totheland acquired,after ^thedateofthe

publication ^ofthedeclaration under section

6,

by

or in

consequene

of

the

use to which it will be

put

; fiflhl}, ^any

increase^{to the}value^oftheland

acqmred

likely ^to accrue from

the^useto which

it will be

put

when

acquired

; :ixlhly, any

increase^{to the}

value^of

theother^{landof the}person interested

likely

to accrue from

the

use to

which the land

acquired

will be

put

;

or Isl/mild], any outlay ^or

improvements ^{on, or}

disposal ^{of, the} land

acqmred,commenced,

made or effected

without^thesanction^of the Collector after ^thedat:of the

publication

of the notification under sub-section

(1)

ofsection ^3.

27. Ruluasla

amount

if

camprmalz'on.—(l) ^Whenthe

applicant has

madea claim ^to

compensation, pursuant ^to

any notice

given

under section

9,

the amount awarded to him

by

the Court

shall not

exceed the amountsoclaimed ^orbe

less than the amount awarded

by

the Collector

under

section ^ll.

(2) ^Whenthe

applicant ^hasrefused^tomakesuchclaim ^orhas omitted

without sufficient reason

(to ^be

allowed

by ^the

Judge) ^tomake such

claim, ^theamount awarded

by

the Court

shall^inno

case exceed the

amount awarded

by

the

Collector.

(3) ^{When the}

applicant ^hasomitted^{for a}

sufficient

reason (to ^be

allowed

by thejudge) ^tomakesuch

claim, ^theamount awarded to him

by

the

Court

shall not

be less

than,

and may exceed,

the amount awarded

by

the

Collector. _28. .^Farm

qfawizrdr.—(l) Every

award

under ^thisPartshall^bein writing Signed ^{by the}

Judge, ^andshall

speCify ^theamount awarded