Section 28 in The Jammu and Kashmir State Town Planning Act, 1963
28. Sections 15, 23 and 24 of Land Acquisition Act superseded.
(1)The provisions of sections 15, 23 and 24 of the State Land Acquisition Act, Svt. 1990 shall have no application in cases falling under clause (b) of section 26.(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-(a)the market value of the land on the date of the publication of a notification under section 5;(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 scheme, be removed.(3)But the Collector and the Court shall not, in cases falling under clause (b) of section 26 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 the publication of a notification under section 5 by or in consequence of the use to which it will be put;(e)any increase to the value of the land acquired, commenced, made or effected after the date of the publication of the notification referred to in clause (d) unless they are covered by a permission obtained under section 10;(f)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;(g)the special suitability of adaptability, if any of the land for any 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 26 if the market value of any land 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.Chapter-VII
