The Bombay Highways Act, 1955 (Bombay Act LV of 1955) and the Mysore Highways Act, 1920 ( Mysore Act IV of 1920) are hereby repealed.
SCHEDULE [See sections 28(2) and 30] 28 Amendments to the Land Acquisition (Act, 1894)
1. Amendment of section 23 of Act I of 1894.—For section 23 of the Land Acquisition Act, 1894, the following shall be substituted, namely :– “23. Matters to be considered in determining compensation.—In determining the amount of compensation to be awarded for the land or any interest therein acquired under this Act, the following matters shall be taken into consideration:—
(1) the market value at the date of the publication of the declaration under section 15 of the 1[Karnataka]1 Highways Act, 1964;
1. Adapted by the Karnataka Adaptations of Laws Order, 1973 w.e.f. 1.11.1973.
(2) the use to which the land was put at the date of such declaration;
(3) the damage sustained by the person interested by reasons of the taking of any standing crops or trees which may be on the land at the time when the possession was taken from him;
(4) the damage (if any) sustained by the person interested at the time of the possession being taken from him by reason of severing such land from his other land;
(5) the damage (if any) sustained by the person interested at the time of the possession being taken from him of the land by reason of the acquisition injuriously affecting his other property, movable or immovable, in any other manner or his earnings;
(6) if in consequences of the acquisition of the land the person interested is compelled to change his residence, or place of business, the reasonable expenses, if any, incidental to such change.”
2. Amendment of section 24 of Act I of 1894.—For section 24 of the Land Acquisition Act, 1894, the following shall be substituted, namely :– “24. Matters to be neglected in determining compensation.—But the Court shall not take into consideration the following matters:—
(1) the degree or urgency which has led to the acquisition;
(2) any disinclination of the person interested to part with the land acquired;
(3) any damage sustained by him which, if caused by private person, would not render such person liable to a suit;
(4) any damage which is likely to be caused to the land acquired after the date of the publication of the declaration under section 15 of the 1[Karnataka]1 Highways Act, 1964; by or in consequence of the use to which it will be put;
1. Adapted by the Karnataka Adaptations of Laws Order, 1973 w.e.f. 1.11.1973.
(5) any increase to the value of the land acquired likely to accrue from the use to which it will be put when acquired;
(6) any increase to the value of the other land of the person interested likely to accrue from the use to which the land acquired will be put;
(7) any outlay or improvements on, or for the disposal of the land acquired, commenced, made or effected without the sanction of the Highway 29 Authority after the date of the publication of the declaration under section 15 of the 1[Karnataka]1 Highways Act, 1964;
(8) the special suitability or adaptability of the land for any purpose, if that purpose is a purpose to which it could be applied in pursuance of any law or for which there is no market apart from the special needs of the Highway Authority;
(9) any increase in the value of the land by reason of the use thereof or 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 the public health.” * * * * NOTIFICATION I Bangalore, dated the 6th August 1969. [No. PWD 17, CSR 65] S.O. 1638.- In exercise of the powers conferred by sub-section (4) of section 1 of the Karnataka Highways Act, 1946 (Karnataka Act 44 of 1964), the Government of Karnataka hereby directs that all the provisions of the said Act other than section 1 thereof shall come into force in the whole of the State of Karnataka on the 16th day of August 1969.
By order and in the name of the Governor of Karnataka Deputy Secretary to the Government Public workers and Electric Department.
II Amending Act 15 of 1983.- Notification is not Available.
IV