Works of Defence Act,1903
Act No : 7
Section : MATTERS NOT TO BE CONSIDERED IN DETERMINING COMPENSATION
SECTION 24 MATTERS NOT TO BE CONSIDERED IN DETERMINING COMPENSATION
In determining the amount of compensation to be awarded for damage caused, or to be caused, or for restrictions imposed under this Act, the Court shall not take into consideration—
(a) the degree of urgency which has led to the damage or the imposition of restrictions;
(b) any disinclination of the person interested to submit to damage or restrictions;
(c) any damage sustained by him, which, if caused by a private person, would not render such person liable to a suit;
(d) any increase to the value of the other land of the person interested, accruing or likely to accrue from anything done under this Act; or
(e) any outlay or improvements on, or disposal of, the land commenced, made or effected without the sanction of the Collector after the date of the publication of the declaration under section 3-.
OBJECTS AND REASONS "Clause 24.— We have omitted the words 'of the land or', which the original Bill re-produced from the fifth clause of the Land Acquisition Act, 1894, section 24- The position in the two cases appears to us to be essentially different. Under the enactment cited, the land is acquired by the Government which benefits by the increase. The Bill, however, contemplates a continuance of the owner's title and occupation with compensation for any damage occasioned by restrictions upon use and enjoyment; but if the value of any portion of the land is actually increased, the damage must, of necessity, be proportionately reduced, and the point must, therefore, be taken into account under clause 23, sub-clause (1), paragraph (a)."—S.C.R.
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