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THE JAMMU AND KASHMIR NATURAL CALAMITIES DESTROYED AREAS IMPROVEMENT ACT, 2011 (1954 A.D.)

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27 and 28 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act superseded.

4[Sections 26, 27 and 28] of 3[the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act] superseded. ––(1) The provisions of 4[sections 26, 27 and 28] of 1[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.

Source: IndiaCode Portal, Legislative Department, Ministry of Law and Justice, Government of India. Open on India Code Check against the official text before relying on it.

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