Clause 33

the market value at the date of the publication of the notification under subsection (1) of section 3 of this Act, if such notification shall within twelve months from the date thereof be followed by a declaration under section 5 of this Act in respect of the same land or part thereof, or in other cases the market value at the date of the publication of the declaration made under section 5 of this Act;

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;

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;

the damage, if any, sustained by the person interested at the time of the Collector’s taking possession of the land by reason of the acquisition injuriously affecting his other property, whether movable or immovable, in any other manner or his actual earnings; and

if, in consequence of the acquisition, he is compelled to change his residence or place of business, the reasonable expenses, if any, incidental to such change:Provided that in the case of an acquisition for any purpose specified in subsection (1) of section 5 of this Act of any land devastated or affected directly or indirectly by fire, explosion, thunderbolt, earthquake, storm, tempest, flood or any Act of God, or of any land immediately adjoining such devastated or affected land as shall be required for any such purpose, the Board shall not take into consideration the matters set out in paragraphs (a) and (e) of this subsection, but shall instead consider the market value of such land immediately prior to such devastation having due regard to the fact that at the material time the land could not have been conveyed with vacant possession as it was subject to encumbrances, tenancies or occupation by squatters, but without taking into account the value of any buildings or structures, permanent or otherwise, on such land at the material time:And provided that such acquisition shall not affect the rights or liabilities of any owner, lessee, tenant or occupier of such buildings or structures in respect of any contract of insurance entered into by such owner, lessee, tenant or occupier:And provided further that the market value of such land shall not exceed one third of the value of such land had it been vacant land not subject to any such encumbrances, tenancies or occupation by squatters unless the Minister shall in his discretion, by notification in the Gazette, specify otherwise.

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 Act 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 Act;

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 or sewerage or social, educational or recreational facilities by any public or statutory authority within seven years preceding the date —

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

in any other case, of the declaration under the provisions of section 5 of this Act,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 Act 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 Act.