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State of Jammu-Kashmir - Section

Section 23 in State Land Acquisition Act, 1990 (1934 A.D.)

23. Matters to be considered in determining compensation.

(1)In determining the amount of compensation to be awarded for land acquired under the Act, the Court shall take into consideration-First, the market value of the land at the date of the publication of the declaration relating thereto under section 6 ;secondly, 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 ;thirdly, 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 ;fourthly, the damage (if any) sustained by the person interested, at the time of the Collector's taking possession of the land, by reason of the acquisition injuriously affecting his other property movable or immovable in any other manner, or his earnings ;fifthly, if, in consequence of the acquisition of the land by the Collector, the person interested is compelled to change his residence or place of business, the reasonable expenses (if any) incidental to such change ; andsixthly, the damage (if any) bona fide 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 Collector's taking possession of the land.
(2)In addition to the market value of the land as above provided, the Court shall in every case award a sum of fifteen per centum on such market value in consideration of the compulsory nature of the acquisition.