vustudents
08-30-2012, 09:04 PM
Q. What matters a court may take into consideration determining compensation to be awarded for the land acquired under this act. (2002)(2003)(2006/S)
1. Introduction:
Land acquisition act empowers government to acquire land only for public purpose or for companies. compensation is determined and paid to those private persons or bodies whose land is so acquired. different matters are kept in view while determining the value of the property which is acquired.
2. Relevant provisions:
Sec. 23 of land acquisition act.
3. Meaning of compensation:
Osborn's concise law dictionary:
A payment to make amends for loss or injury to person or property or as recompense for some deprivation.
4. Right to compensation:
Right to compensation is incidental to the unavoidable right to property. the person interested in entitled to claim compensation.
5. Matters to be considered in determining compensation:
Following are matters which are taken into consideration while determining the compensation.
(i) Market value of land:
The market value of land at the date of the publication of the notification under Sec. 4
(ii) Compensation for standing crops and trees:
The damage sustained by the person interested by reason of the taking of any standing crops or by trees by taking possession.
(iii) Damage by severance:
The damage sustained by the person interested at the time of collector's taking possession of land by reason of severing such land from his other land.
(iv) Damage for injuries effect other property:
The damage sustained by the person interested at the time of the collector's taking possession of land by reason of the acquisition effecting his other property, moveable or immoveable, in any other manner, or his earning.
(v) Loss of earning:
The damage sustained by the person interested while taking possession of the collector and the person interested is compelled to change his residence place of business, the reasonable expenses incidental to such change.
(vi) Diminution of profit:
The damage sustained at the time of taking possession of land resulting from diminution of profit of the land between the time of publication of declaration under Sec. 6 and the time of the collector's taking possession of the land. 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 compulsory nature of acquisition.
Case law
1989 MLD 3133.
The award of interest on amount of compensation discretionary with the court, not acquisition to disturb discretion exercised by the court in direction payment of interest from the date of judgment till payment of amount of compensation.
6. Conclusion:
To conclude I can say that under land acquisition act different matters are taken into consideration for fixation of compensation. which is paid to injured person. the court has discretionary powers while determining the compensation.
1. Introduction:
Land acquisition act empowers government to acquire land only for public purpose or for companies. compensation is determined and paid to those private persons or bodies whose land is so acquired. different matters are kept in view while determining the value of the property which is acquired.
2. Relevant provisions:
Sec. 23 of land acquisition act.
3. Meaning of compensation:
Osborn's concise law dictionary:
A payment to make amends for loss or injury to person or property or as recompense for some deprivation.
4. Right to compensation:
Right to compensation is incidental to the unavoidable right to property. the person interested in entitled to claim compensation.
5. Matters to be considered in determining compensation:
Following are matters which are taken into consideration while determining the compensation.
(i) Market value of land:
The market value of land at the date of the publication of the notification under Sec. 4
(ii) Compensation for standing crops and trees:
The damage sustained by the person interested by reason of the taking of any standing crops or by trees by taking possession.
(iii) Damage by severance:
The damage sustained by the person interested at the time of collector's taking possession of land by reason of severing such land from his other land.
(iv) Damage for injuries effect other property:
The damage sustained by the person interested at the time of the collector's taking possession of land by reason of the acquisition effecting his other property, moveable or immoveable, in any other manner, or his earning.
(v) Loss of earning:
The damage sustained by the person interested while taking possession of the collector and the person interested is compelled to change his residence place of business, the reasonable expenses incidental to such change.
(vi) Diminution of profit:
The damage sustained at the time of taking possession of land resulting from diminution of profit of the land between the time of publication of declaration under Sec. 6 and the time of the collector's taking possession of the land. 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 compulsory nature of acquisition.
Case law
1989 MLD 3133.
The award of interest on amount of compensation discretionary with the court, not acquisition to disturb discretion exercised by the court in direction payment of interest from the date of judgment till payment of amount of compensation.
6. Conclusion:
To conclude I can say that under land acquisition act different matters are taken into consideration for fixation of compensation. which is paid to injured person. the court has discretionary powers while determining the compensation.