35. Sections 15, 23 and 24 of Land Acquisition Act superseded.
(1)The provisions of sections 15, 23 and 24 of the Land Acquisition Act, 1894, (Central Act I of 1894). shall have no application [in cases falling under clause (b) of section 33.] [Substituted by Madras Act II of 1930.](2)[In such cases, the Collector and the Court shall in determining the amount of compensation to be awarded for the land acquired, take into consideration,-] [Opening para of sub-section (2) substituted by Madras Act IV of 1934.](a)the market value of the land at the date of publication of the notification under section 10 [XXX] [Sub-section (1) omitted by Madras Act II of 1930.] or section 12, as the case may be;(b)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 of the Collector's taking possession thereof;(c)the damage (if any) sustained by the person interested, at the time of the Collector's taking possession of the land, by reason of severing such land from his other land or by reason of the acquisition injuriously affecting his other property movable or immovable in any other manner, or his earnings: provided that this clause shall not apply in the case of offensive industries, which must, under the provisions of the scheme, be removed;(d)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; provided that this clause shall not apply in the case of offensive industries, which must, under the provisions of the scheme, be removed.(3)[But the Collector and the Court shall not, in cases falling under clause (b) of section 33] [Substituted for 'But the Collector and the court shall not' by Madras Act IV of 1934.] take into consideration,-(a)the degree of urgency which has led to the acquisition or its compulsory character;(b)any disinclination of the person interested to part with the land acquired;(c)any damage sustained by him, which, if caused by a private person, would not render such person liable to a suit;(d)any damage which is likely to be caused to the land acquired, after the date of publication of the notification under section 10, [XXX] [Sub-section (1) omitted by Madras Act II of 1930.], or section 12, as the case may be, by or in consequence of the use to which it will be put;(e)any increase to the value of the land acquired likely to accrue from the use to which it will be put when acquired;(f)any outlay or improvements on the land acquired, commenced, made or effected after the date of publication of the notifications referred to in clause (d) unless they are covered by a permission obtained [XXX] ['From the municipal council' omitted by Madras Act II of 1930.] under section 17;(g)any outlay or improvements on, or disposal of the land acquired which, having regard to the time at which they were made and other circumstances, appear to have been commenced, made or effected with intent to obtain increased compensation;(h)the special suitability or adaptability, if any, of the land for any purpose, if that purpose is one to which it could be applied only in pursuance of statutory powers or for which there is no market apart from the special needs of a particular purchaser or the requirements of a Government department or any local or public authority.(4)[In cases falling under clause (b) of section 33, if the market value of any land] [Substituted for 'If the market value of any land' by Madras Act IV of 1934.] or building is specially high by reason of the use thereof in a manner which could be restrained by any court, or is contrary to law or public policy or is detrimental to the health of the inmates of the building or to the public health, the amount of the increased value due to such user shall be disregarded in determining the amount of compensation.
