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Section 22: Sen/1c: ofiwt‘tw vThe Couit shall theieupon cause a notice specifying the day on which the Court wtll proceed to determine the ObJCCUOn, and directing their appeaianee before the Court on that day, to be served on the f…

The Kerala Land Acquisition Act, 1961 (No.21 of 1962)State Act of Kerala · Act 21 of 1962

(a) the applicant ;

(b) all persons interested in the ohjection. except such, if any, of them as have consented Without protest to receive payment of the compensation awaided , and

(t) if the objection is in iegard to the area of the land or to the amount of the compensation, the Collector.

23. Restriction on scape afpmeedingL—The scope of the enquiry in every stich proceedings shall be testricted to a consideration of the intet'esu of the peisons affected by the 0l)JCClIOlL

24. Proceedmgi M be at open {awh—EVCI)’ such proceedings shall take place in open Court and all persons entitled to practise in any Civil Court in the State shall be entitled to appcai, plead and act, as the case may be, in such proceedings.

25. [Walters in be carixtdeiad zii delmmmwg [Olflflllialloflt—(I) In determining the amount of compensation to be amended for land acquired under this Act, the Court shall take into consideration— first, the market value ol the land at the date ofthe publication of the notification under sub-section (1) of section 3, scantily, the damage sustained by the poison interested, by reason of the taking of any standing ci ops or trees which may he on the land at the time ofthe Collector‘s taking possesnon thereof;

thzrdly, the damage, if any, sustained by the peiaon interested, at the time of the Collector’s taking possession of the land, by reason of severing such land from his other [and ;

fourth/y, the damage, ifany, sustained by the pelson inteiested, at the time of the CollectOi’s taking possession ofthc land, by reason of the flCqUISIIOIHnJUHOUSly all‘ecting his othei pl'DpCll)’, movable or immovable, in any othei manner, oi his eaimngs ;

ft/lhlj, if, in consequence of the acqmsnlion of lh(' land by the Collector, the person interested is compelled to change his rcSidencc or I34 place of business, the reasonable expenses, if any, incidental to such change; and sixlhb, the damage, if any, banafi'dz resulting from diminution of the profits of the land between the time of the publication of the declaration under section 6 and the time of the Collectox's taking possession of the land.

(2) In addition to the market value of the land as above provided, the Court shall in every case award a sum of fifteen per centum on such market value in consideration of the compulsory nature of the noqutsttion;

’26. Mailers to be negllmd in determining campmmtion.—But the court shall not take into conSideration— ' first, the degree of urgency which has led to the acquisition ;

secondly, any disinclination of the person interested to part With the land acquired.

Ihtrdlj, any damage sustained by him which, if caused by a private person, would not render such person liable to a suit ;

fourllil}, any damage which is likely to be caused to the land acquired,after the date of the publication of the declaration under section 6, by or in consequene of the use to which it will be put ;

fiflhl}, any increase to the value of the land acqmred likely to accrue from the use to which it will be put when acquired ;

:ixlhly, any increase to the value of theother land of the person interested likely to accrue from the use to which the land acquired will be put ; or Isl/mild], any outlay or improvements on, or disposal of, the land acqmred,commenced, made or effected without the sanction of the Collector after the dat: of the publication of the notification under sub-section (1) ofsection 3.

Where this provision sits

ActThe Kerala Land Acquisition Act, 1961 (No.21 of 1962)
Section22
Marginal noteSen/1c: ofiwt‘tw vThe Couit shall theieupon cause a notice specifying the day on which the Court wtll proceed to determine the ObJCCUOn, and directing their appeaianee before the Court on that day, to be served on the followmg persons, namely
JurisdictionState of Kerala
StatusIn force as published by the source

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