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Section 10: Sections 26, 27 and 28 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act superseded.

The Jammu and Kashmir Natural Calamities Destroyed Areas Improvement Act, 2011 (1954 A.d.)Union territory Act of Jammu and Kashmir · Act 38 of 2011

[Sections 26, 27 and 28] of [the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act] superseded. ––(1) The provisions of [sections 26, 27 and 28] of [the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (30 of 2013)], shall have no application in cases falling under clause (b) of section 8.

(2) In such cases the Collector and the Court shall, in determining the amount of compensation to be awarded for the land acquired, take into consideration––

(a) the market value of the land at the date of publication of the notification under section 3, sub-section (1) ; and

(b) the damage sustained by the person interested by reason of taking of any standing crops or trees which may be on the land at the time of the Collectors taking possession thereof.

But shall not take into consideration––

(a) the degree of urgency which has led to the acquisition or its compulsory character ;

(b) any damage which is likely to be caused to the land acquired after the date of publication of the notification under section 3 by or in consequence of the use to which it will be put ;

(c) any outlay or improvement on the land acquired, commenced, made or effected after the date of publication of the notification referred to in clause (b) unless they are covered by a permission obtained under section 5.

Where this provision sits

ActThe Jammu and Kashmir Natural Calamities Destroyed Areas Improvement Act, 2011 (1954 A.d.)
Section10
Marginal noteSections 26, 27 and 28 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act superseded.
JurisdictionUnion territory of Jammu and Kashmir
StatusIn force as published by the source

How this provision has been amended

Taken from the footnotes printed with the provision by the source. Where a footnote names the amending instrument, it is quoted as printed.

  • substituted. Substituted by S.O. 1229(E) dated 31.03.2020 for Land Acquisition Act, Svt. 1990.
  • substituted. Substituted ibid for Land Acquisition Act.
  • substituted. Substituted ibid for sections 15, 23 and 24

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