Clause 12

by deleting the word “court” appearing in the third line of subsection (1) thereof and substituting therefor the word “Board”;

by deleting the word “six” appearing in the third line of paragraph (a) of subsection (1) thereof and substituting therefor the word “twelve”;

by deleting the word “Court” appearing in the seventh line of the first proviso to paragraph (e) of subsection (1) thereof and substituting therefor the word “Board”; and

by deleting subsection (2) thereof and substituting therefor the following: —“(2) For the purposes of paragraph (a) of subsection (1) of this section —

if the market value has been increased as a result of any improvement within two years before the declaration under the provisions of section 5 of this Ordinance was published, such increase shall be disregarded unless it be proved that the improvement was made by the owner of the land or his predecessors in interest and was made bona fide and not in contemplation of proceedings for the acquisition of the land being taken under this Ordinance;

when the value of the land is increased by reason of the use thereof or of any premises thereon in a manner which could be restrained by any court or is contrary to law or is detrimental to the health of the inmates of the premises or to public health, the amount of such increase shall not be taken into account;

when the value of the land has been increased by reason of development in the neighbourhood by the provision of roads, drains, electricity, water, gas, sewerage, social, educational and recreational facilities by any public or statutory authority within five years preceding the date —

in a case where the notice, under the provisions of section 3 of this Ordinance, is followed within twelve months by a declaration under the provisions of section 5 of this Ordinance, of such notice; and

in any other case, of the declaration under the provisions of section 5 of this Ordinance,the amount of such increase shall not be taken into account;

when the land could not have been conveyed with vacant possession at the time of acquisition, being subject to encumbrances, tenancies or occupation by squatters, the decrease in value by reason of the said encumbrances shall be taken into account;

any restriction imposed under the provisions of the Planning Ordinance, 1959 (Ord. 12 of 1959), shall be taken into account:Provided that the market value of such acquired land shall be deemed not to exceed —

the most recent value in respect of such land stated in any affidavit, return or other document required to be made or delivered to any public officer under the provisions of any written law and accepted by him at such value for the purposes of assessing the tax or duty payable thereon, where such statement has been made within two years of the date of the declaration under subsection (1) of section 5 of this Ordinance in respect of the land;

Where no such statement as is specified in paragraph (i) of this proviso has been made between the dates specified therein, the consideration or purchase price of any such land on its last sale or transfer if such sale or transfer took place within two years of the date of the declaration under subsection (1) of section 5 of this Ordinance.”.