Act 2013 - Department of Land Resources

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l6THE CAZETTE OF INDIA EXTRAORDINARY [Panr II-(b) the average sale price for similar type ofland situated in the nearest village ornearest vicinity area: or(c) consented amount ofcompensation as agreed upon under sub-section (2) ofsection 2 in case of acquisition of lands for private companies or for public privatepartnership pmjects,whichever is higher:Provided that the date for determination ofmarket value shall be the date on which thenotification has been issued under section I l.Explqnalion l.-The average sale price referred to in clause (b) shall be determinedtaking into account the sale deeds orthe agreements to sell registered for similartype ofareain the near village or near vicinity area during immediately preceding three years ofthe yearin which such acquisition of land is proposed lo be made.E planalion 2.-For determining the average sale price refe fiedto in Explanqtion l,one-halfofthe.total number ofsale deeds or the agreements to sell in which the highest saleprice has been mentioned shall be taken into account.Explanation 3.-rvhile determining the market value under this section and the averagesale price referred toin Explanation I or Explanation 2, any price paid as compensation forland acquired under the provisions ofthisAct on an earlier occasion in the district shall notbe taken into consideration.Explanat ion 4 .-Wh ile determ in ing the market value under this section and the averagesale price referred to in Explanation I or Explonation2. any price paid' which in the opinionofthe Collector is not indicative ofactual prevailing market value may be discounted for thepurposes of calculating market value.(2) The market value calculated as per sub'section (/) shall be multiPlied by a factor tobe specified in the First Schedule.(J) Where the market value under sub-section (/) or sub'section (2) cannot bedetermined for the reason that-(a) the land is situated in such area where the transactions in land are restrictedby or under any other law for the time being in force in that area; or(b) the registered sale deeds or agreements to sell as mentioned in clause.(a) ofsub-section ( /) for similar land are not available for the immediately preceding three- years; or(c) the market value has not been specified under the Indian StampAct, l899by 2 of 1899'the appropriate authority,the State Covemment concerned shall speciry the floor price or minimum price per unit areaofthe said land based on the Price calculated in the manner specified in sub-section (/) inrespect of similar types of land situated in the immediate adjoining areas:Provided that in a case where the Requiring Body offers its shares to the owners ofthelands (whose lands have been acquired) as a part compensation, for acquisition of land, !such shares in no case shall exceed twenty-five per cent. ofthe value so calculated undersub-section (/) or subsection (2) or sub-section (3) as the case may be:Provided further that the Requiring Body shall in no case compel any ovmer ofthe land(whose land has been acquired) to take its shares, the value of \Yhich is deductible in thevalue ofthe land calculated under sub-section (/):Provided also that the Collector shall, before initiaton of any land acquisitionproceedings in any area, take all necessary steps to revise and update the market value oftheland on the basis ofthe prevalent market rate in that area:'Provided atso that the appropriate Govdinment shall ensure that.the market -valuedetermined for acquisiiion ofany land or prop€rty ofan educational institution established
Sr.c.2l THE CAZETI'E OF INDIA EXTRAORDINARY t'7and administered by a religious or linguistic minority shall be such as would not reslrict orabrogate the right to establish and administer educational institutions oftheir choice.27. The Collector having determined thc market value ofthe land to be acquired shallcalculate the total amount of compensation to be paid to the land owner (whose land hasbeen acquired) by including all assets attached to the land.28. In determining the amount ofcompensation ro be awarded for land acquired underthis Act. the Collector shall take into consideration-/ii"sl//, the market value as determined under scction 26 and the award amount inaccordance with the First and Second Schedules:Delcrnrinatronof aNount ofParallletcrs Iobe colrsrdercdby (lollecl()rtn delenntnatronol awardtsecondly, the damage sustained by the person interested, by reason of thetaking of any standing crops and trees which may be oh the land at the time of theCollector's taking possession thereof;thirdly, the damage (ifany) sustained by the person interested, at the time oftheCollector's taking possession of the land. by reason of severing such land from hisother land:lburthly, the damage ( if any) sustained by the person interested. at rhe tim€ ofthe Collector's taking possession ofrhe land. by reason ofthe acquisition injuriouslyaflecting his other property. movable or immovable. in any other manner, or hisiamings;/lihlr; in consequence ofthe acquisition ofthe land by the Collector, the personinterested is compelled to change his residence or place ofbusiness, the reasonableexpenses (if any) incidental to such change;.rixrrlx the damage ( if any) bona fidc resulting frorn dim inution ofthe profits ofthe land between the time ofthe publication ofthe declaration under section l9 and thetinle ofthe Collector's taking possession ofthe land: andseventl y, any other ground which rnay be in the interesr of equity, j ustice andbeneficial to the affected families.29. (,1) The Collector irr determining the market value ofthe building and other immovableproperty or assets attached to the land or building which are to be acquired, use the servicesof a competent engineer or any other specialist in the relevant lield, as may be considerednecessary by him.(2) The Collector for the purpose ofdetermining the value oftrees and plants attachedto the land acquired, use the services of experienced persons in the field of agriculture,tbrestry. honiculture, sericulture, or any other field, as may be considered necessary by him.(3) The Collector for the purpose ofassessing-the value ofthe standing crops damagedduring-the process of land acquisition, may use the services of experienced peisons inihefield ofagriculture as may be considered necessary by him..30. (/) The Collector having determined the total compensation to be paid, shall, toarrive at the final award, impose a'.Solatium,' amount equivalent to one hundrid per cent. oflhe compensation amount.Delerminatlonthingsallached toland orhuilding.aErplunqtion.-For the removal ofdoubts it is hereby declared that solatium amountshall be in addition to the compensation payable to any person whose land has been acquired.(2) The Collector shall issue individual awards detailing the paniculars ofcompensationpayable and the details ofpayment ofthe conrpensation as specified in the First Schedule.(J) In addition ro the market value ofthe land provided under section 26, the Collectorshall, in every case. award an amount calculated at th€ rate oftwelve per cent. per annum onsuch market value for the period commencing on and fiom the date ofthe pubiication ofthenotification of the Social Impact Assessnrent study under sub-section (2) of section 4, inrespect ofsuch land, till the date ofthe award ofthe Cotrector or the date oftaking lnssessionoflhe land, whichever is earlier.
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Act 2013 - Department of Land Resources

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