Section 72 in Karnataka Town and Country Planning Act, 1961
72. Amendment of section 23 and section 24 of the Land Acquisition Act, 1894, for purposes of acquisition under this Act.
- When any land is compulsorily acquired for the purposes of a Town planning scheme or a development plan under this Act,(a)for section 23 of the Land Acquisition Act, 1894, the following shall be substituted, namely:-"23. Matters to be considered in determining compensation. - [(1)] [Re-numbered by Act 14 of 1964 w.e.f. 26.03.1964] In determining the amount of compensation to be awarded for the land or any interest therein acquired under this Act, the Court shall take into consideration the following:-(1)[ the market value.- [Substituted by Act 14 of 1964 w.e.f. 26.03.1964 and again substituted by Act 1 of 2005 w.e.f. 14.02.2005](i)in case of acquisition of the designated land referred to in subsection (2) of section 69 of the Karnataka Town and Country Planning Act, 1961 (hereinafter in this section referred to as the said Act), on the date the Master Plan is published under subsection (4) of section 13 of the said Act; and(ii)in the case of acquisition of any land included in a town planning scheme under the said Act, on the date on which such scheme comes into force under sub-section (2) of section 45 of the said Act:](2)use to which the land was put on the date of publication of the declaration under section 6;(3)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;(4)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 other land;(5)the damage, if any, sustained by the person interested at the time of the possession being taken from him of the land, by reason of the acquisition injuriously affecting his other property, moveable or immovable, in any other manner or his earnings;(6)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."(2)[ In addition to the market value of the land as provided in subsection (1), the Court shall in every case award a sum of [thirty per centum] [Inserted by Act 14 of 1964 w.e.f. 26.3.1964] on such market value, in consideration of the compulsory nature of the acquisition.](3)[ In addition to the market value of the land, as provided above, the court shall in every case, award an amount calculated at the rate of twelve percent per annum, such market value, for the period from the date of publication of the notification under sub-section (1) of section 4, to the date of award of the Deputy Commissioner or date of taking possession of the land, whichever is earlier.Explanation. - In computing the period referred to in this sub-section, any period or periods during which the proceedings for the acquisition of the land were held up on account of any stay or injunction by the order of any court shall be excluded.] [Sub-section (3) inserted by Act 1 of 2005 w.e.f. 14.02.2005](b)For section 24 of the Land Acquisition Act, 1894, the following shall be substituted, namely:-"24. Matters to be neglected in determining compensation. - The Court shall not take into consideration of the following:-(1)the degree of urgency which led to the acquisition;(2)any disinclination of the person interested to part with the land acquired;(3)any damage sustained by him which, if caused by a private person, would not render such person liable to a suit;(4)any change which is likely to be caused to the land acquired, after the date of the publication of the declaration under section 6, by or in consequence of the use to which it will be put;(5)any increase to the value of the land acquired likely to accrue from the use to which it will be put when acquired;(6)any increase to the value of the other land of the person interested likely to accrue from the use to which the land acquired will be put;(7)any outlay or improvements on, or for the disposal of the land acquired, commenced, made or effected with the sanction of the local authority after the date of the publication of the notification under section 6;(8)the special suitability or adaptability of the land for any purpose, if that purpose is a purpose to which it could be applied in pursuance of any law or for which there is no market apart from the special needs of the local authority;(9)any increase in the value of the land by reason of the use thereof or any premises thereon in a manner which could be restrained by any court, or is contrary to law or is detrimental to the health of the inmates of the premises or to the public health."
