Land Acquisition Act 1966 · 2020 Revised Edition · Part 3 · Reference to an Appeals Boardand Procedure Thereon
34. Matters to be disregarded in determining compensation
Feedback & supportIn determining the amount of compensation to be awarded for land acquired under this Act, the Board must not take into consideration —
land
“land” includes any airspace, subterranean space, foreshore, and benefits to arise out of land and things attached to the earth or permanently fastened to anything attached to the earth;
the degree of urgency which has led to the acquisition;
any disinclination of the person interested to part with the land acquired;
person interested
“person interested” includes every person claiming an interest in compensation to be made on account of the acquisition of land under this Act, but does not include a tenant by the month or at will;
any damage sustained by the person interested which, if caused by a private person, would not be a good cause of action;
any damage which is likely to be caused to the land acquired after the date of the publication of the notification under section 5 by or in consequence of the use to which it will be put;
any increase to the value of the land acquired likely to accrue from the use to which it will be put when acquired;
any outlay on additions or improvements to the land acquired, which was incurred after the date of the publication of the notification under section 5, unless the additions or improvements were necessary for the maintenance of any building in a proper state of repair, and were carried out with the approval of the Commissioner of Lands;
Commissioner
“Commissioner” means a Commissioner of Appeals or a Deputy Commissioner of Appeals, appointed under section 19(2), and includes an acting Commissioner of Appeals or acting Deputy Commissioner of Appeals;
oral or documentary evidence of any conveyance, assignment, transfer or other disposition affecting the acquired land, unless the instrument has been duly stamped and registered in the Registry of Land Titles and Deeds and filed with the Chief Assessor of Property Tax 6 months prior to the date of the publication of the notification under section 5; or
assessor
“assessor” means a member of the panel of assessors appointed under section 26(2);
evidence of sales of comparable properties, unless the Board is satisfied that the sales are made bona fide and not for speculative purposes and the onus of proving that the transactions are made bona fide and not for speculative purposes shall lie with the appellant.