112. [ Apportionment's of land value in cases of acquisition. [Substituted by Act No. 35 of 1969.]
(1)Where any land is acquired under the law for the time being in force providing for the compulsory acquisition of land for public purposes, the compensation awarded under such law in respect of the land acquired shall be apportioned among the landowner, intermediaries, cultivating tenant and the kudikidappukaran in the manner specified in this Section.(2)The compensation for any building or other improvements shall be awarded to the person entitled to such building or other improvements.(3)The kudikidappukaran shall be entitled to the value of the land occupied by his homestead or hut subject to a minimum of-(a)three cents in a city or major municipality; or(b)five cents in any other municipally; or(c)ten cents in a panchayat area or township.(4)The difference between the value of three cents or five cents or ten cents, as the case may be, and the value of the extent of the land occupied by the homestead or hut shall, notwithstanding anything contained in the Kerala Land Acquisition Act, 1961, be borne by the Government or the local authority or the company or other person on whose behalf the land is acquired.(5)The balance remaining after deducting the compensation referred to in Sub-section (2) and the value of the land occupied by the homestead or hut shall he apportioned among the landowner, the intermediaries and the cultivating tenant in proportion to the profits derivable by them from the land acquired immediately before such acquisition.Explanation. - "Profits derivable from the land" shall be deemed to be equal to (i) in the case of a landowner, the rent which he was entitled to get from the tenant holding immediately under him; (ii) in the case of an intermediary, the difference between the rent which he was entitled to get from his tenant and the rent for which he was liable to his landlord; and (iii) in the case of a cultivating tenant, the difference between the net income and the rent payable by him; and the rent payable by the cultivating tenant and the intermediary for the purposes of this Explanation shall be as calculated under the provisions of this Act.](5A)[ Notwithstanding anything contained in Sub-sections (2) and (5), where there the right, title and interest of the landowner and the intermediaries in respect of the land acquired have vested in the Government under Section 72, -(a)the compensation for any building or other improvements belonging to such landowner and intermediaries shall be awarded to the Government; and(b)the balance remaining after deducting the compensation referred to in clause (a) and the value of the land occupied by the homestead or hut, if any, shall be apportioned between the cultivating tenant and the Government in proportion to the profits derivable by them from the land.Explanation. - "Profits derivable from the land" shall be deemed to be equal to-(i)in the case of the cultivating tenant, the difference between the net income immediately before the acquisition and the rent which he was liable to pay immediately before the date on which the right, title and interest of the landowner and the intermediaries have vested in the Government; and(ii)in the case of the Government, such rent.][***] [Omitted by Act No. 16 of 1979.](7)[ In this Section, "homestead" includes a dwelling house occupied by a person who is deemed to be a kudikidappukaran under Explanation IIA to clause (25) of Section 2.] [Inserted by Act No. 17 of 1972.]
