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The Works of Defence Act, 1903

Part III — REFERENCE TO COURT AND PROCEDURE THEREON

Section 23Matters to be considered in determining compensation

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Section 23: Matters to be considered in determining compensation

23. Matters to be considered in determining compensation

(1)

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 take into consideration—

(a)

the actual decrease in market value of the land owing to the publication of the declaration relating thereto under section 3 and any damage caused or to be caused under section 6;

(b)

the damage sustained by the person interested, by reason of the removal of any standing crops in the exercise of any power conferred by section 6;

(c)

the damage (if any) sustained by the person interested, by reason of ceasing to be able to use such land conjointly with his other land;

(d)

the damage (if any) sustained by the person interested, by anything done or ordered under sections 6 and 7 injuriously affecting his other property, movable or immovable, in any other manner, or his earnings; and

(e)

if, in consequence of the imposition of restrictions, the person interested is compelled to change his residence or place of business, the reasonable expenses (if any) incidental to such change.

(2)

In addition to the amount representing the actual decrease in the market-value of the land as above provided, the Court shall in every case award a further sum of fifteen per centum on such amount.