Section 17
Section 17
(1)
In determining the amount of compensation to be awarded for land acquired under this Act, the Court shall take into consideration -
(a)
the market value at the date of the publica-tion of the notification under subsection (1) of sec-tion 4 or if no such notification has been published the market value at the date of the posting of the declaration made under section 5;
(b)
any increase in the value of the other land of the person interested likely to accrue from the use to which the land acquired will be put;
(c)
the damage if any sustained by the person interested at the time of the Land Officer's taking possession of the land by reason of severing such land from his other land;
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Land Acquisition
(d)
the damage if any sustained by the person interested at the time of the Land Officer's taking possession of the land by reason of the acquisition injuriously effecting his other property whether movable or immovable in any other manner or his actual earning;
(e)
if in consequence of the acquisition he is compelled to change his residence or place of busi-ness the reasonable expenses, if any, incidental to such change; and
(f)
any improvements to the land made with the prior consent of the Land Officer after the pub-lication of the notification under subsection (1) of section 4 or the posting of the declaration under section 5 whichever is the date in respect of which the market value is taken in accordance with the provisions of paragraph (a);
(2)
For the purposes of paragraph (a) of subsection
(1)
of this section -
(a)
if the market value has been increased by means of any improvement made by the owner or his predecessor in interest within 2 years before the notifications was published under subsection (1) of section 4 or, if no such notification was published, within 2 years before the declaration under section 5 was published such increase shall be dis-regarded unless it be proved that the improvement was made bona fide and not in contemplation of proceedings for acquisition of the land being taken under this Act;
(b)
when the value of the land is increased by reason of the use thereof or of any premises there-on in a manner which could be restrained by any
Court or is contrary to law or is detrimental to the 15
16
Matters to be disregarded in determin-ing com-pensation
Land Acquisition health of the inmates of the premises or to the public health the amount of that increase shall not be taken into account.