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State of Kerala - Section

Section 28 in Kerala Ancient Monuments and Archaeological Sites and Remains Act, 1968

28. Assessment of market value or compensation.

(1)The market value of any property which the Government are empowered to purchase at such value under this Act, or the compensation to be paid by the Government in respect of anything done under this Act, shall, where any dispute arises in respect of such market value or compensation, be ascertained in the manner provided by the Kerala Land Acquisition Act, 1961 (21 of 1962), so far as it can be made applicable:Provided that, when making an enquiry under the Kerala Land Acquisition Act, 1961 (21 of 1962), the Collector shall be assisted by two assessors, one of whom shall be a competent person nominated by the Government and one a person nominated by the owner or, in case the owner fails to nominate an assessor within such reasonable time as may be fixed by the Collector in this behalf by the Collector.
(2)Notwithstanding anything in sub-section (1) or in the Kerala Land Acquisition Act, 1961 (21 of 1962), in determining the market value of any antiquity in respect of which an order for compulsory purchase is made under sub-section (3) of section 23 or under sub-section (1) of section 26, any increase in the value of the antiquity by reason of its being of historical or archaeological importance shall not be taken into consideration.Miscellaneous